Opinion
Case No. 14-CR-10168-EFM
09-18-2019
UNITED STATES OF AMERICA, Plaintiff, v. ADAN ZAZUETA-ZAMBADA, Defendant.
MEMORANDUM AND ORDER
In June 2015, Defendant pleaded guilty to conspiracy to distribute and possession with the intent to distribute methamphetamine, in violation of 21 U.S.C. § 846. Later that year, the Court sentenced Defendant to 120 months in prison and five years of supervised release. Defendant is now before the Court requesting a reduction of sentence pursuant to the First Step Act of 2018 and 18 U.S.C. § 3582(c)(1)(B).
Section 404(b) of the First Step Act of 2018 authorizes the Court to "impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in effect at the time the covered offense was committed." Sections 2 and 3 of the Fair Sentencing Act changed the sentencing guidelines for crack cocaine offenses. In this case, Defendant was convicted and sentenced to an offense involving methamphetamine, and not crack cocaine. "The statutory penalties for drug conspiracies involving methamphetamine were not modified by § 2 of the 2010 Act." Thus, Defendant is not eligible for a reduction of his sentence pursuant to the First Step Act.
First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194 (Dec. 21, 2018); see also 18 U.S.C. § 3582(c)(1)(B).
See United States v. McKinney, 382 F. Supp. 3d 1163, 1165 (D. Kan. 2019); United States v. Tovar-Zamorano, 2019 WL 2005918, at *2 (D. Kan. 2019).
Tovar-Zamorano, 2019 WL 2005918, at *2. --------
IT IS THEREFORE ORDERED that Petitioner's Motion for Reduction of Sentence pursuant to 18 U.S.C. § 3582(c)(2) and First Step Act of 2018 is (Doc. 162) is hereby DENIED.
IT IS SO ORDERED.
Dated this 18th day of September, 2019.
/s/
ERIC F. MELGREN
UNITED STATES DISTRICT JUDGE