United States District Court, D. Columbia
RAUL MERLO, also known as ROGELIO MERLO, also known as CHADAS
GARCIA ANGEL, Defendant: Ray Velarde, LEAD ATTORNEY, El Paso,
ANTONIO LOPEZ MARTINEZ, also known as ANTONIO
GONZALEZ-MARTINEZ, also known as KING KONG also known as
TONIO, Defendant: Mark John Carroll, LEAD ATTORNEY, LAW
OFFICES OF MARK J. CARROLL, Potomac, MD.
IGNACIO SANTANA-VILLANUEVA, also known as EFERLOIN GONZALEZ
ROMERO, also known as PARIENTE, Defendant: Danielle Courtney
Jahn, LEAD ATTORNEY, FEDERAL PUBLIC DEFENDER FOR D.C.,
Washington, DC; Edward Charles Sussman, LEAD ATTORNEY, LAW
OFFICES OF EDWARD C. SUSSMAN, Washington, DC.
USA, Plaintiff: Barry Wiegand, William John O'Malley,
Jr., LEAD ATTORNEYS, U.S. ATTORNEY'S OFFICE, Washington,
DC; Matthew P. Cohen, LEAD ATTORNEY, U.S. SECURITIES &
EXCHANGE COMMISSION, Washington, DC.
OPINION AND ORDER
C. Lamberth, United States District Judge.
the Court is defendant Ignacio Santana-Villanueva's
motion  seeking a sentence reduction under 18 U.S.C.
§ 3582(c)(2) and based upon the retroactive application
of Amendment 782 to the United States Sentencing Guidelines.
After considering the motion, the entire record herein, and
the applicable law, the Court finds defendant
Santana-Villanueva is ineligible for a sentence reduction
under § 3582(c)(2) and will therefore DENY his motion.
December 16, 2008, a Grand Jury in the District of Columbia
filed a one-count Indictment against defendant
Santana-Villanueva, along with four others, for Conspiracy to
Distribute and Possess with
Intent to Distribute Five Kilograms or More of Cocaine and
Marijuana. Presentence Investigation Report (" PSR"
) ¶ 1. The defendant pled guilty on June 9, 2009 to a
lesser offense: Conspiracy to Distribute More than 500 Grams
of a Mixture and Substance Containing a Detectable Amount of
Cocaine and a Mixture and Substance Containing a Detectable
Amount of Marijuana. Id. at ¶ 3.
accepting the terms of his plea agreement, defendant
Santana-Villanueva both acknowledged that " he was
accountable for at least 5 but less than 15 kilograms or more
of cocaine," Plea Agreement ¶ 2, ECF No. 39, and
separately agreed that " 96 months (8 years) [was] the
appropriate sentence of imprisonment for offense to which [he
pled] guilty." Id. at ¶ 3. Further, the
government and the defendant agreed that:
[s]hould the Court not agree that the sentence agreed upon by
the parties is appropriate, and your client does not withdraw
his plea, your client and the Government agree to the
following: Your client will be sentenced according to Title
18, United States Code, Section 3553(a) and 3553(c) through
(f) and upon consideration of the United States Sentencing
Id. at ¶ 4.
April 30, 2014, the U.S. Sentencing Commission submitted to
Congress Amendment 782 of the U.S. Sentencing Guidelines,
proposing a downward revision to the applicable sentencing
ranges for drug trafficking offenses. The Commission then
passed Amendment 788 to allow Amendment 782's revisions
to be applied retroactively, and on November 1, 2014,
Amendment 782 and its retroactive application became