Opinion
No. 13 Cr. 658-01 (RA)
11-21-2017
UNITED STATES OF AMERICA v. JUNIOR R. VENTURA, Defendant.
OPINION
:
On August 28, 2013, Defendant Junior R. Ventura ("Defendant") pleaded guilty to conspiracy to distribute narcotics, in violation of 21 U.S.C. § 846. Dkts. 12, 20. Defendant's sentencing guidelines range was 87 to 108 months' imprisonment, based on an offense level of 29 and a criminal history category of I. Dkt. 22 at 11. On February 4, 2014, this Court granted a downward variance pursuant to 18 U.S.C. § 3553(a) and sentenced Defendant to 60 months' imprisonment and three years of supervised release. Id. at 21.
On August 19, 2015, and again on August 18, 2016, Defendant filed pro se motions for a reduction of his sentence based on Amendment 782 to the U.S. Sentencing Guidelines, pursuant to 18 U.S.C. § 3582(c)(2). Dkts. 24, 25. "Amendment 782 to the Sentencing Guidelines generally reduced the offense levels for drug offenses by two levels . . . ." United States v. Karkenny, 79 F. Supp. 3d 494, 495 (S.D.N.Y. 2015). Under Amendment 782, Defendant's offense level would be 27, yielding a guidelines range of 70 to 87 months' imprisonment.
A sentence reduction can only be granted, however, "if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission," 18 U.S.C. § 3582(c)(2), and one such policy statement provides that "the court shall not reduce the defendant's term of imprisonment . . . to a term that is less than the minimum of the amended guideline range," U.S.S.G. § 1B1.10(b)(2)(A). Because Defendant's original sentence of 60 months' imprisonment is less than the amended guidelines range of 70 to 87 months' imprisonment, Defendant is ineligible for a sentence reduction under Amendment 782. See, e.g., United States v. Smith, 633 F. App'x 66, 68 (2d. Cir. 2016); United States v. Thompson, 639 F. App'x 39, 41 (2d Cir. 2016); United States v. Posada, 206 F. Supp. 3d 866, 868-69 (S.D.N.Y. 2016); Karkenny, 79 F. Supp. 3d at 495.
The Clerk of Court is respectfully requested to close the motions pending at Dkts. 24 and 25. SO ORDERED. Dated: November 21, 2017
New York, New York
/s/_________
Ronnie Abrams
United States District Judge