Opinion
20-cr-02408-BAS-1
08-12-2024
UNITED STATES OF AMERICA, Plaintiff, v. VICTOR MANUEL HIDALGO, Defendant.
ORDER DENYING MOTION FOR RECONSIDERATION (ECF No. 65)
HON. CYNTHIA BASHANT, UNITED STATES DISTRICT JUDGE.
Defendant Victor Manuel Hidalgo has twice asked for a sentencing reduction under Amendment 821 to the United States Sentencing Guidelines. (ECF Nos. 55, 61.) He also asked for appointment of counsel. (ECF No. 63.)
After referring Defendant's first request for sentencing relief to Federal Defenders, the Court denied the request. (ECF No. 59.) The Court explained that Defendant does not qualify for a sentencing reduction because he is a “Career Offender” under U.S.S.G. § 4B1.1. (Id.) Regardless of the number of criminal history points a defendant has, if he is a career offender, his criminal history category becomes a VI. U.S.S.G. § 4B1.1(b). “The changes to the sentencing guidelines did not change this career offender provision.” (ECF No. 59.)
When Defendant filed his second request for a reduction, the Court denied it for the same reasons. (ECF No. 63.) Defendant now files a Motion for Reconsideration, again arguing he qualifies under Amendment 821 because his sentence was increased “for being on probation.” (ECF No. 65.) The Court DENIES the Motion for Reconsideration because Defendant does not show the Court erred. See United States v. Wilson, No. CR-17-00972-001-PHX-GMS, 2021 WL 1171508, at *1 (D. Ariz. Mar. 29, 2021) (setting forth the standard for criminal motions for reconsideration). Further, the Court will not consider any future requests concerning Amendment 821.
IT IS SO ORDERED.