Opinion
3:22-CR-00016-RJC-DSC
01-03-2024
USA v. JUAN OCTAVIO IRIBE LAVEAGA (1)
ORDER
Robert J. Conrad, Jr., United States District Judge
THIS MATTER is before the Court upon motion of the defendant pro se for a reduction of sentence based on Amendment 821 to the United States Sentencing Guidelines relating to certain zero-point offenders. (Doc. No. 35).
Part B, Subpart 1 of the Amendment is retroactive and created a two-level decrease if a defendant meets all the criteria in USSG §4C1.1(a). USSG §1B1.10(d), comment. (n.7). Here, the defendant admitted that he possessed a firearm in his residence where law enforcement also found 3.75 kilograms of fentanyl. (Doc. No. 27: Presentence Report ¶¶22, 23). He also received an aggravated role enhancement. (Id. ¶32). Accordingly, he is not eligible for relief. USSG § 4C1.1(a)(7), (10).
IT IS, THEREFORE, ORDERED that the defendant's motion is DENIED.