United States v. Rodolfo Trujillo

Rodolfo Trujillo was convicted in 1993 of conspiracy to possess and of possessing with intent to distribute 2,915 kilograms of cocaine. He was sentenced to 360 months imprisonment. Subsequently, the Sentencing Commission amended the Sentencing Guidelines to lower the offense level applicable to Trujillo, with an application note indicating that upward departures from the new level might be warranted in cases involving an excessive quantity of drugs. U.S.S.G. § 2D1.1 & Application Note 17. The amendment was made retroactive.

Trujillo subsequently moved under 18 U.S.C. § 3582 (c)(2) for a reduction of his sentence. The district court denied the reduction, invoking the application note that permitted an upward departure because of the excessive quantity of drugs involved. Thirteen years later, Trujillo filed a second § 3582(c)(2) motion for a reduction of his sentence, arguing in part that favorable treatment was justified by various factors under 18 U.S.C. § 3553 (a), including his family ties, his lack of other criminal history, his post-sentencing rehabilitation, and the need to avoid unwarranted sentencing disparities. The district court entertained the successive…