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United States v. Figueroa
Citations: 814 F. Supp. 244; 1992 WL 450057Docket: Crim No. B-89-56 (WWE)
Court: District Court, D. Connecticut; December 21, 1992; Federal District Court
Defendant Luis Figueroa, sentenced on April 5, 1990, to 63 months for conspiracy to distribute cocaine, sought a sentence reduction based on an amendment to Section 3E1.1 of the Sentencing Guidelines, which allows for an additional 1-level decrease for defendants showing significant acceptance of responsibility. The court examined 18 U.S.C. § 3582(c)(2), which permits sentence modifications only when the sentencing range has been lowered by the Sentencing Commission. The relevant amendment (U.S.S.G. Amendment #459) was not listed in Section 1B1.10(d), which outlines amendments eligible for retroactive application. Consequently, Figueroa's request for a sentence reduction was denied, as he did not qualify under the guidelines. The court noted that even if his offense level were adjusted, the 63-month sentence still fell within the revised range (57-71 months). Thus, the motion for modification of the sentence was denied.