Opinion
Case No. 2:13-cr-00704-2
09-24-2018
UNITED STATES OF AMERICA, Plaintiff, v. FRANCISCO JAVIER ROMERO-BARAJAS, Defendant.
MEMORANDUM DECISION AND ORDER
Before the court is Defendant Francisco Javier Romero-Barajas' Motion for Reduction of Sentence pursuant to 18 U.S.C. § 3582(c)(2). The Defendant argues that the court should reduce his sentence because of the United States Supreme Court's decision in Hughes v. United States, 138 S.Ct. 1040 (2018). The United States filed a response to the Defendant's motion.
The United States Supreme Court held that so long as a sentence imposed by the District Court is "based on" the range determined under the United States Sentencing Guidelines, and the sentencing guidelines were retroactively lowered by the Sentencing Commission, a defendant is eligible for consideration of a sentencing reduction under 18 U.S.C. § 3582(c)(2).
In this case, the guideline range was calculated at Total Offense Level 33 and Criminal History III, for an advisory sentence of 168-210 months. A two-level reduction would reduce the Total Offense Level to 31 and the advisory sentence to 135-168 months. The Defendant entered into a Rule 11(c)(1)(C) plea agreement that specified a sentence of 108 months. Although the Defendant is eligible for consideration of a reduction of sentence based on Hughes v. United States, the court finds that a reduction is not warranted. The Defendant's sentence is still substantially lower than the subsequently lowered advisory sentencing range. Accordingly, the Defendant's motion for a reduction of sentence is DENIED. (Dkt. No. 209).
Dated this 24th day of September, 2018.
BY THE COURT:
/s/_________
DALE A. KIMBALL,
United States District Judge