UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
December 17, 2012
UNITED STATES, PLAINTIFF,
The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge
ORDER DENYING MOTION FOR REDUCTION OF SENTENCE § 3582(c) PURSUANT TO 18 U.S.C.
Defendant Rene Munoz-Martinez pleaded guilty, pursuant to a plea agreement, to one count of importation of methamphetamine. He received the benefit of acceptance of responsibility and fast track. On May 14, 2011, he was sentenced to 46 months' imprisonment followed by five years' supervised release for importation of methamphetamine.
Approximately a year after he was sentenced, Munoz-Martinez, now a prisoner in the Reeves County Detention Center in Pecos, Texas, filed a motion (the "Motion") pursuant to 18 U.S.C. § 3582(c) to reduce his sentence. (Docket no. 25 in 10cr4618 and no. 1 in 12cv1202.) The Motion doesn't say why Munoz-Martinez thinks his sentence ought to be reduced. The Motion was submitted on a form questionnaire available through the Northern District of Texas and intended for use by defendants seeking reduction pursuant to § 3582(c)(2) under the retroactive "crack cocaine amendment" to the sentencing guidelines.
See http://www.txnd.uscourts.gov/forms/criminal.html. Although the Motion represents that Munoz-Martinez's conviction involved crack cocaine, in fact it involved methamphetamine. Munoz-Martinez is ineligible for a sentence reduction under § 3582(c)(2) or any other provision of § 3582(c).
Based on the timing of the Motion,*fn1 it appears Munoz-Martinez might have been attempting to file his motion as being brought pursuant to 28 U.S.C. § 2255. But construing it as a § 2255 motion would be futile, because Munoz-Martinez waived appeal and collateral attack.*fn2
Because Munoz-Martinez is ineligible for a sentence reduction under § 3582(c), the Motion is DENIED.
IT IS SO ORDERED.