Martinez

United States v. Martinez

Good Law
126 F. Supp. 3d 1179·2015 WL 5167770·2015 U.S. Dist. LEXIS 111157
United States District Court, Southern District of CaliforniaAugust 21, 2015Case No. 10CR3575-LABCalifornia1,581 words

Opinion

Lead Opinion

Burns, J.

*1180 ORDER GRANTING IN PART JOINT APPLICATION FOR SENTENCE REDUCTION PER U.S.S.G. AMENDMENT 782; 18 U.S.C. § 3575

The Court has reviewed the Joint Application for Sentence Reduction in this case and is in partial (but not complete) agreement with the parties’ recommendation. Under Amendment 782 to the United States Sentencing Guidelines (“Guidelines” or “USSG”) and 18 U.S.C. § 3582 (c)(2), the Court agrees with the parties that the defendant, Anthony Martinez, is eligible for a reduced sentence and that his amended Guideline sentencing range, before applying any credit for Substantial Assistance, is 188-235 months. When the Court originally sentenced Martinez in 2011, it departed downward six levels for Substantial Assistance. He is entitled to receive that credit again. USSG § lB1.10(b)(2)(B). So, with a 2-level reduction of his Base Offense Level and a 6-level departure for Substantial Assistance, Martinez’s revised total offense level is 27. He remains in criminal history category IV. His amended Guideline range 100-25 months. Because the low end of the amended range is less than the 121-month sentence the Court imposed, he is eligible to have his sentence reduced to 100…

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