IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No.: 2:13-CR-119

JUDGE SMITH

JOSE R. PEREZ,

Date of Original Judgment:

Defendant. February 27, 2014

 

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. 56). Defendant also filed a

pro se motion for appointment of counsel. (Doc. 54). This motion is hereby moot because the

Federal Public Defender has been assigned to represent Defendant in this matter. 

Defendant was originally sentenced on February 19, 2014 to 45 months imprisonment on

Count 1, conspiracy to possess with intent to distribute 1,000 grams or more of heroin; and 60

months on Count 2 to run consecutive to Count 1, for possession of a firearm in furtherance of a

drug trafficking crime. Defendant’s sentencing range was 108 months to 135 months based on a

total offense level of 31 and a criminal history I.

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.

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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. 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 from 45 months to 37 months. 

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 Defendant’s

offense level should be reduced from a 31 to a 29, which yields a new advisory guideline range

of 87 to 108 months. Therefore, a reduction of Defendant’s term of incarceration is appropriate

in light of the reduction in the applicable guideline range. The sentence of 45 months

incarceration previously imposed in this case on Count 1 is hereby reduced to a term of

incarceration of 37 months. The 60 months consecutive sentence imposed on Count 2 does not

change. 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 Documents 54 and 56 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 16, 2015

Effective Date: November 1, 2015

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