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WO

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

v. 

Eduardo Abraham Padron-Lopez,

Defendant.

No. CR-17-01970-001-TUC-RCC (LCK)

ORDER 

Before the Court is Defendant Eduardo Padron-Lopez's Motion for a Reduction in 

Sentence. (Doc. 66.) The Federal Public Defender filed a notice indicating it would not 

supplement Defendant's pro se filing. (Doc. 67.) For the reasons stated herein, the Court 

denies the motion.

I. Amendment 821

In November 2023, Amendment 821 to the United States Sentencing Guidelines 

("U.S.S.G.") went into effect retroactively. U.S.S.G. § 1B1.10. Part A of Amendment 821

reduced the number of status points applied to a defendant's criminal history. Id. "Status 

points" are points added when (1) a defendant received seven or more criminal history 

points, and (2) the current offense occurred while serving a sentence for a different 

offense. Id. at § 4A1.1(e); U.S. Sent'g Guidelines Manual suppl. to app. C, amend. 821 

(U.S. Sent'g Comm'n 2023). A defendant who has six or fewer criminal history points

under U.S.S.G. §§ 4A1.1(a)–(d) now receives no status points. U.S.S.G § 4A1.1(e). A 

defendant who has seven or more criminal history points will now only receive one status 

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point instead of two. Id.

In addition, under Part B of Amendment 821, an offender who received no 

criminal history points ("zero-point offender") can receive a two-level decrease in offense 

level. Id. at § 4C1.1(a). However, Part B does not permit a two-level decrease when:

1. Defendant used "violence or credible threats of violence in connection with the 

offense;"

2. The offense "result[ed] in death or serious bodily injury;"

3. Defendant's instant offense was a sex offense;

4. The offense caused substantial financial hardship;

5. Defendant was in possession of a dangerous weapon during the offense;

6. Defendant was "engaged in a continuing criminal enterprise";

7. The offense involved individual rights under § 2H1.1;

8. Defendant received an adjustment under either § 3A1.4 (Terrorism); § 3A1.1 § 

3A1.6, or § 3B1.1.

Id.

II. Discussion

On May 24, 2018, Defendant pleaded guilty to Importation of Methamphetamine. 

(Doc. 55 at ¶ 2). Under the presentence report, Defendant's base offense level was 38, 

plus 2 points for importing methamphetamine under U.S.S.G. §2D1.1(b)(5), and 2 more

points because Defendant used his children during the offense. (Doc. 55 at 5.) Three 

points were subtracted for acceptance of responsibility, resulting in a total offense level 

of 39. (Id.) With no criminal history, Defendant was subject to a guidelines range of 262–

327 months' incarceration. (Id. at 10.) The plea agreement stipulated to a sentencing 

range of 168–210 months' incarceration. (Id.)

The Court found Defendant's total offense level was 37 with a criminal history 

category I, resulting in a guidelines range of 210–262 months' incarceration. (Doc. 62.) 

The Court departed below the guidelines range, sentencing Defendant to 120 months.

(Id.; Doc. 65.).

Defendant believes he is a zero-point offender entitled to a two-level decrease in 

his offense level. (Doc. 66 at 2–3.) However, Defendant is not entitled to relief under 

Section B of Amendment 821. Under the United States Sentencing Guidelines, a 

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defendant's sentence cannot be reduced if—when applied—the amended sentence "does 

not have the effect of lowering the defendant's applicable guideline range." U.S.S.G. § 

1B1.10(a)(2)(B). Even if the Court decreased the offense level pursuant to Amendment 

821 Section B, an offense level 35 with zero criminal history points (a criminal history 

category I) would result in sentencing range of 168–210 months' incarceration. Defendant 

was sentenced well below the amended range. 

Accordingly, IT IS ORDERED Defendant Eduardo Padron-Lopez's Motion for a 

Reduction in Sentence is DENIED. (Doc. 66.)

Dated this 9th day of April, 2024.

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