United States v. Lenny Lizalde

MEMORANDUM

Lenny Lizalde appeals the district court’s denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582 (c)(2) and Amendment 505 to the U.S. Sentencing Guidelines (“Guidelines” or “U.S.S.G.”). For the reasons discussed below, we conclude that Mr. Lizalde is not eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2), and accordingly, we affirm the district court’s denial of the motion.

Mr. Lizalde was convicted of five narcotics offenses. His Presentence Report (“PSR”) provided for a base offense level of 40, based on the amount of drugs involved in the crimes, with a 4-level increase for Mr. Lizalde’s role in the offense, leading to a total offense level of 44. The PSR also provided for a criminal history category of I. Mr. Lizalde’s total offense level and criminal history category resulted in a life sentence under the Guidelines, which is the sentence that the PSR recommended. But the district court imposed a 300-month sentence, comprised of 240 months for Counts 1-4, to be served consecutively to a term of 60 months for Count 5.

More than 17 years after he was sentenced, Mr. Lizalde filed with the district court, over the course of two years,…