IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No.: 2:11-CR-73 (1)

JUDGE SMITH

JOSUE ARRAIZA-ARREOLA,

Date of Original Judgment:

Defendant. February 22, 2012 

ORDER

This matter is before the Court on the Defendant’s Motion to Reduce Sentence, pursuant

to 18 U.S.C. §3582(c)(2), in an “Agreed Disposition Case.” (Doc. 79). Defendant was originally

sentenced on February 15, 2012 to 71 months imprisonment for conspiracy to distribute and to

possess with intent to distribute more than 100 grams of heroin. Defendant’s advisory

sentencing guideline range was 63 to 78 months, based on an offense level 25 and criminal

history category II. 

On November 1, 2014, the United States Sentencing Commission promulgated Guideline

Amendment 782, which reduced by two levels the offense levels assigned to the drug quantities

set forth in §2D1.1 of the United States Sentencing Guidelines, as well as parallel changes for

the listed chemicals found in §2D1.11. Defendants who are currently imprisoned for these drug

offenses are eligible for retroactive application of the guidelines as long as they meet certain

eligibility criteria.

Counsel for the government, defense counsel, and representatives of the United States

Probation Department have met and are in agreement that Defendant meets the Sentencing

Commission’s eligibility requirements for the retroactive application of Amendment 782 to his

Case: 2:11-cr-00073-GCS Doc #: 82 Filed: 04/07/15 Page: 1 of 2 PAGEID #: <pageID>
case. After considering the original guideline range, the extent of any downward departure, the

circumstances of Defendant’s case, and his behavior while incarcerated, the parties jointly

recommend a reduction of Defendant’s sentence to a term of incarceration of 60 months, which

is the mandatory minimum in this case. 

Whether to grant a reduction of sentence pursuant to §3582(c)(2) is within the discretion

of the court. United States v. Ursery, 109 F.3d 1129, 1137 (6th Cir. 1997). In considering

whether a reduced sentence is appropriate, this court must consider the factors in 18 U.S.C.

§3553(a) to the extent that they are applicable. See §3582(c)(2). 

Upon consideration of Defendant’s motion, the statutory sentencing factors set forth in

§3553(a), and the joint recommendation of the parties, the Court concludes that a reduction of

Defendant’s term of incarceration is appropriate in light of the reduction in the applicable

guideline range. The sentence of 71 months incarceration previously imposed in this case is

hereby reduced to a term of incarceration of 60 months. Under Amendment 782, Defendant’s

release date shall be no earlier than November 1, 2015. Except as provided above, all other

provisions of the judgment previously entered in this case shall remain in effect.

The Clerk shall remove Document 79 from the Court’s pending motion’s list.

IT IS SO ORDERED.

 /s/ George C. Smith 

GEORGE C. SMITH, JUDGE

UNITED STATES DISTRICT COURT

Order Date: April 7, 2015

Effective Date: November 1, 2015

-2-

Case: 2:11-cr-00073-GCS Doc #: 82 Filed: 04/07/15 Page: 2 of 2 PAGEID #: <pageID>