Opinion
21-10035-02-JWB
05-10-2024
UNITED STATES OF AMERICA, Plaintiff, v. LUIS G. PALAFOX VELAZQUEZ, Defendant.
MEMORANDUM AND ORDER
JOHN W. BROOMES, UNITED STATES DISTRICT JUDGE
This matter comes before the court on Defendant's motion for a sentence reduction (Doc. 111) pursuant to 18 U.S.C. § 3582(c)(2). The motion is ripe for decision. (Docs. 111, 112.) The motion is DENIED for the reasons stated herein.
Defendant did not file a reply and the time for doing so has now passed.
I. Facts
The superseding information charged Defendant with two counts: (1) possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1), and (2) illegal reentry in the United States in violation of 8 U.S.C. § 1326(a). (Doc. 86 at 1-2.) Defendant pleaded guilty to both counts. (Doc. 90.) With the applicable reductions, Defendant received a total offense level of 33. (Doc. 100 at 14.) He also received one criminal history point and that yielded a criminal history category of I. (Doc. 100 at 16.) However, he did not receive any status points. (Id.) Thus, Defendant's offense level of 33 and criminal history category of I yielded a United States Sentencing Guidelines range of 135 to 168 months. (Id. at 21.)
The court sentenced Defendant to a term of 108 months for count one, and to a term of 12 months for count two-which runs concurrently with the sentence for count one. (Doc. 106 at 2.)
Defendant now seeks a reduction in his sentence pursuant to Part A of Amendment 821 to the Sentencing Guidelines for zero-point offenders. (Doc. 111).
II. Analysis
“A district court does not have inherent authority to modify a previously imposed sentence; it may do so only pursuant to statutory authorization.” See United States v. Mendoza, 118 F.3d 707, 709 (10th Cir. 1997). Section 3582 allows for a possible sentence reduction for a defendant “who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” See 18 U.S.C. § 3582(c)(2). The Sentencing Commission amended the United States Sentencing Guidelines effective November 1, 2023. See 88 Fed.Reg. 28,254, 2023 WL 3199918 (May 3, 2023). Part A of Amendment 821 limits the criminal history impact of “status points.” See United States Sentencing Comm'n, Amendment 821, https://www.ussc.gov/guidelines/amendment/821 (last visited May 3, 2024); U.S.S.G. § 4A1.1(e).
Here, Defendant argues that he should receive a sentence reduction under Part A of Amendment 821. Defendant received one criminal history point for his prior criminal convictions. (Doc. 100 at 16.) However, he did not receive any status points. (Id.) Thus, Defendant does not qualify for a sentence reduction under Part A of Amendment 821.
III. Conclusion
IT IS THEREFORE ORDERED BY THE COURT THAT Defendant's motion to reduce his sentence (Doc. 111) is DENIED.
IT IS SO ORDERED.