Ramirez-Ortiz

ORDER DENYING RULE 35 MOTION TO REDUCE SENTENCE

The Government has filed a motion under Fed.R.Crim.P. 35(b)(2)(B) asking the Court to reduce the sentence of Juan Ramirez-Ortiz, whom this Court sentenced to 12 months in custody after revoking his probation in January of this year. Ramirez-Ortiz was on probation for illegally reentering the United States after being deported. His probation revocation came after he suffered a new conviction' — his third — for the same offense. He received a 14 month sentence on the new case, and this Court ordered its 12 month probation revocation sentence to run consecutively to that sentence. The Government now asks the Court to cut its 12 month sentence to 4 months, or alternatively to order the probation revocation sentence to run concurrently with the 14 month sentence.

The Government submits that, after he was sentenced, Ramirez-Ortiz substantially assisted in the prosecution of an alien smuggler, one Hewitt. Accepting the Government’s representation, the defendant is eligible for a sentence reduction under Rule 35(b). United States v. Tadio, 663 F.3d 1042, 1047-48 (9th Cir.2011). But eligibility for a reduction isn’t the same as entitlement…