Gonzalez

ORDER DENYING JOINT MOTION FOR SENTENCING REDUCTION PER USSG AMENDMENT 782 AND 18 U.S.C. § 3582 (c)(2)

Preliminary Statement

The parties have filed a Joint Application for Sentencing Reduction in this case pursuant to Amendment 782 of the United States Sentencing Guidelines and the provisions of 18 U.S.C. § 3582 (c)(2). Amendment. 782 lowered the Base Offense Level for most federal drug offenses, including the two offenses of which the defendant, Humberto Gonzalez, was convicted. Another Guidelines Amendment made the reduced sentencing ranges retroactive. See Amendment 788 (amending Guidelines § 1B1.10). Gonzalez stands to benefit from the changes if he is eligible for relief. The parties maintain that he is, but thé Court finds he is not.

Eligibility for Reduced Sentence Under 18 U.S.C. § 3582 (c)(2)

A court must follow two steps in considering , a motion to reduce a sentence under § 3582(c)(2). First, it must determine whether a defendant is eligible for a sentence reduction under the Sentencing Commission’s policy statement in USSG § 1B1.10. Second, it must “consider any applicable § 3553(a) factors and determine whether, in its discretion, the reduction authorized by…