Opinion
Case No. 4:14-cr-00099-BLW
09-01-2020
UNITED STATES OF AMERICA, Plaintiff, v. EDUARDO BARRAGAN CORRALES, Defendant.
MEMORANDUM DECISION & ORDER
INTRODUCTION
Before the Court is Eduardo Barragan Corrales' pro se Motion to Reduce Sentence Pursuant to Amendment 782 (Dkt. 108). For the reasons explained below, the Court will deny the motion.
DISCUSSION
In June 2015, defendant was sentenced to 360 months' incarceration. He now asks the Court to reduce his sentence based on Amendment 782 to the Sentencing Guidelines. Defendant already received the benefit of this amendment, however, as it became effective on November 1, 2014 - before he was sentenced. See U.S. Sentencing Guidelines Manual app. C, amend. 782 (U.S. Sentencing Comm'n 2014). The Pre-Sentence Investigation Report, Dkt. 58, clarifies that although defendant committed his crime before November 2014, the amended, November 1, 2014 guidelines were nevertheless used to calculate the offense level. See PSR, Dkt. 58, ¶ 39. The Court adopted that calculation. See Statement of Reasons, Dkt. 80. Accordingly, because defendant is not entitled to a reduction, the Court will deny the motion.
ORDER
IT IS ORDERED that Defendant's Motion for Sentence Reduction Pursuant to Amendment 782 (Dkt. 108) is DENIED.
DATED: September 1, 2020
/s/_________
B. Lynn Winmill
U.S. District Court Judge