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United States of America v. Baldemar Ortega-Esquivel

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 25, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
BALDEMAR ORTEGA-ESQUIVEL, DEFENDANT.

The opinion of the court was delivered by: Honorablelarryalanburns United States District Judge

ORDER DENYING MOTION FOR SENTENCING REDUCTION/ADJUSTMENT

Baldemar Ortega-Esquivel is serving a 40-month sentence imposed by this Court on December 7, 2009 for violating 8 U.S.C. § 1326. He has now filed a pro se motion to reduce/adjust his sentence pursuant to 18 U.S.C. § 3582(c)(2).

Defendant's motion lacks merit because he fails to demonstrate that his sentence was based on a sentencing range that has subsequently been lowered by the Sentencing Commission, as required by § 3582(c)(2). See United States v. Leniear, 574 F.3d 668, 673 (9th Cir. 2009); see also United States v. Paulk, 569 F.3d 1094, 1095-96 (9th Cir. 2009) (per curiam).

The motion for sentencing reduction is DENIED. IT IS SO ORDERED.

20110325

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