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United States v. Santana-Villanueva

United States District Court, D. Columbia

November 17, 2015

UNITED STATES OF AMERICA
v.
IGNACIO SANTANA-VILLANUEVA, Defendant

          For RAUL MERLO, also known as ROGELIO MERLO, also known as CHADAS GARCIA ANGEL, Defendant: Ray Velarde, LEAD ATTORNEY, El Paso, TX.

         For 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.

         For 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.

         For 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.

         MEMORANDUM OPINION AND ORDER

         Royce C. Lamberth, United States District Judge.

         Before the Court is defendant Ignacio Santana-Villanueva's motion [80] 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.

         BACKGROUND

         On 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

Page 150

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.

         In 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 Guidelines.

Id. at ¶ 4.

         On 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 effective. ...


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