UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
March 15, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER DENYING MOTION FOR REDUCTION OF SENTENCE
On February 27, 2012, Petitioner Jose Meza-Guerrero ("Petitioner"), proceeding pro se, filed a Motion to Reduce Sentence pursuant to 18 U.S.C. § 3582(c).*fn1 Petitioner argues that the Court failed to consider him for a "fast track" departure. He states that the Department of Justice has a new policy regarding the fast track program, and therefore argues that the Court should take this new policy into account and reduce his sentence.
The Court has reviewed the record in this case and finds that Petitioner's motion should be denied. On February 11, 2010, Petitioner pled guilty to a one-count information charging him with Attempted Entry After Deportation in violation of 8 U.S.C. § 1326(a) and (b). The plea agreement called for a 2-level departure based on Fast Track under USSG § 5K3.1. (Plea Agreement, ¶ 4.) The Court followed the plea agreement and did, in fact, grant a 2-level departure for Fast-Track. Applying the advisory Guidelines in effect at the time of Petitioner's sentencing, the Court determined the advisory range was 37-46 months based on an offense level of 19 and a criminal history category of III. After considering all the factors in 18 U.S.C. § 3553(a), the Court sentenced Petitioner to 37 months of imprisonment.
Accordingly, Petitioner's Motion to Reduce Sentence is DENIED. IT IS SO ORDERED.
COPIES TO: PETITIONER