Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States of America v. Jose Gonzalez-Rivera

May 18, 2012

UNITED STATES OF AMERICA
v.
JOSE GONZALEZ-RIVERA



The opinion of the court was delivered by: Slomsky, J

OPINION

I. INTRODUCTION

Before the Court is Defendant Jose Gonzalez-Rivera's pro se Motion for a Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2). On December 14, 2011, Defendant filed this pro se Motion. (Doc. No. 205.) On January 18, 2012, the Government filed a Response in Opposition. (Doc. No. 207.) For reasons stated below, Defendant's Motion (Doc. No. 205) will be denied.

II. FACTUAL HISTORY

On February 7, 1992, Defendant was charged with multiple drug distribution offenses as described below. (Doc. No. 207 at 1.) On September 24, 1992, he was convicted of: conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 (Count 1); participating in a continuing criminal enterprise, in violation of 21 U.S.C. § 848 (Count 2); possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) (Counts 5-6); and use of a communication facility to facilitate a drug felony, in violation of 21 U.S.C. § 843(b) (Count 8). (Id.)

On April 23,1993, the late Honorable Robert Gawthrop, III, following the United States Sentencing Guidelines (the "Sentencing Guidelines") as set forth in the probation officer's Presentence Investigation Report, sentenced Defendant to life in prison. (Id. at 2.)

III. DISCUSSION

Defendant seeks a reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2), based on a recent amendment to the United States Sentencing Guidelines. Because Defendant has failed to make a prima facie case for relief under § 3582(c)(2), the Motion will be denied. (Doc. No. 205.)

Section 3582(c)(2) authorizes a court to reduce a final sentence if that sentence was based on a sentencing range later amended by the United States Sentencing Commission (the "Sentencing Commission"). It provides that:

[I]n the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission . . . the court may reduce the term of imprisonment . . . if such reductions are consistent with applicable policy statements issued by the Sentencing Commission.

18 U.S.C. § 3582(c)(2).

The Amendment at issue here is Part A of Amendment 750 to the Sentencing Guidelines.

On November 1, 2010, Amendment 750 of the Sentencing Guidelines became effective. This Amendment applies to cocaine base ("crack cocaine") offenses. It lowers the offense levels in § 2D1.1 of the Sentencing Guidelines.

On November 1, 2011, the Sentencing Commission decided that Amendment 750 should be applied retroactively. See U.S.S.G ยง 1B1.10(c). See also United States v. Cruz, No. 10-3858, 2012 WL 753744, at *2 n.3 (3d Cir. Mar. 9, 2012). Section 1B1.10(a) of the Sentencing Guidelines instructs how amendments, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.