Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Gonzales

United States District Court, W.D. Texas, San Antonio Division

October 10, 2019

UNITED STATES OF AMERICA,
v.
RICARDO GONZALES

          ORDER

          XAVIER RODRIGUEZ UNITED STATES DISTRICT JUDGE

         On this day came on to be considered Defendant's Motion to Reduce Sentence (dkt. no. 120).

         BACKGROUND

         On October 22, 2007, a Judgment was signed wherein the Defendant was sentenced to a term of 120 months for conspiracy to distribute and possess five kilograms or more of cocaine and a term of sixty months for possession of a firearm during a drug trafficking crime. The Judgment was affirmed by the Fifth Circuit.

         On June 17, 2019, Defendant, represented by counsel, filed his Motion to Reduce Sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), the First Step Act of 2018. Defendant argues that his adult daughter requires assistance because the daughter's mother has cancer and is under hospice care. He also states that his elderly mother's eyesight is deteriorating, that his mother is the primary caregiver of his sister, who is mentally disabled, and that he needs to aid both his mother and sister.

         ANALYSIS

         The First Step Act sets forth the conditions where a court may modify a sentence as follows:

The court may not modify a term of imprisonment once it has been imposed except that--
(1) in any case--
(A) the court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility, whichever is earlier, may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that--
(i) extraordinary and compelling reasons warrant such a reduction; or
(ii) the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c), for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community, as provided under section 3142(g); and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission; and
(B) the court may modify an imposed term of imprisonment to the extent otherwise expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure; and
(2) in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.