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. Juarez-Gomez

United States District Court, E.D. North Carolina, Western Division

July 11, 2018

UNITED STATES OF AMERICA
v.
AARON JUAREZ-GOMEZ, Defendant.

          ORDER

          JAMES C. DEVER CHIEF UNITED STATES DISTRICT JUDGE

         On August 23, 2012, ajuiy convicted Aaron Juarez-Gomez ("Juarez-Gomez") of conspiracy to distribute and possess with the intent to distribute 280 grams of more of cocaine base (crack) and 5 kilograms or more of cocaine (count one), distribution of a quantity of cocaine (counts two and three), distribution and possession with intent to distribute a quantity of cocaine (counts four and five), and possession with intent to distribute 280 grams or more of cocaine base crack and 5 kilograms or more of cocaine and aiding and abetting (count six). See [D.E. 94, ISO]. On January 10, 2013, the court held Juarez-Gomez's sentencing hearing. See [D.E. 130, 134, 146]. At the hearing, the court ruled on certain objections and adopted the facts set forth in the Presentence LovestigationReport("PSR") [D.E. 101]. See Fed.R. Crim.P. 32(i)(3)(A)-(B); SentencingTr. [D.E. 146] 4-37. The court calculated Juarez-Gomez's total offense level to be 40, his criminal history category to be IV, and his advisory guideline range on counts one and six to be 360 months to life imprisonment and on counts two through five to be 240 months' imprisonment. See Sentencing Tr. at 36-37. After thoroughly considering all relevant factors under 18 U.S.C. § 3553(a), the court sentenced Juarez-Gomez to 390 months' concurrent imprisonment on counts 1 and 6, and 240 months' concurrent imprisonment on counts 2, 3, 4, and 5. See Id. at 52-61. Juarez-Gomez appealed. On April 24, 2014, the United States Court of Appeals for the Fourth Circuit affirmed this court's judgment. See United States v. Gomez-Jiminez 750 F.3d 370 (4th Cir. 2014).

         On January 13, 2016, Juarez-Gomez moved for a sentence reduction under 18 U.S.C. § 3582(c)(2), U.S.S.G. § 1B1.10, and Amendment 782. See [D.E. 168]. Juarez-Gomez's new advisory guideline range on counts one and six is 324 to 405 months' imprisonment, based on a total offense level of 38 and a criminal history category of IV. See Resentencing Report. Juarez-Gomez requests a 338-month concurrent sentence on counts one and six, and a 240-month concurrent sentence on counts two, three, four, and five. See id.; [D.E. 168].

         The court has discretion under Amendment 782 to reduce Juarez-Gomez's sentence. See. e.g.. Chavez-Meza v. United States. 138 S.Ct. 1959, 1963-68 (2018); Dillon v. United States. 560 U.S. 817, 827 (2010); United States v. Peters. 843 F.3d 572, 574 (4th Cir. 2016); United States v. Patterson. 671 Fed.Appx. 105, 105-06 (4th Cir. 2016) (per curiam) (unpublished); United States v. Cole. 618 Fed.Appx. 178, 178-79 (4th Cir. 2015) (per curiam) (unpublished); United States v. Thomas. 546 Fed.Appx. 225, 225-26 (4th Cir. 2013) (per curiam) (unpublished); United States v. Perez. 536 Fed.Appx. 321, 321 (4th Cir. 2013) (per curiam) (unpublished); United States v. Smalls, 720 F.3d 193, 195-97 (4th Cir. 2013); United States v Matin 709 F.3d 301, 306-07 (4th Cir. 2013); United States v. Stewart. 595 F.3d 197, 200 (4th Cir. 2010). In deciding whether to reduce Juarez-Gomez's sentence, the court finds that Juarez-Gomez engaged in serious criminal behavior. See PSR ¶¶ 10-15. Moreover, Juarez-Gomez has convictions for felony possession of cocaine, driving while intoxicated (two counts), illegal reentry after deportation (two counts), trafficking in cocaine by possession, trafficking in cocaine by sale, and trafficking in cocaine by transportation. See Id. ¶¶ 17-22. Juarez-Gomez also lacks a legitimate work history. See Id. ¶¶ 35-37. Juarez-Gomez has taken some positive steps while incarcerated on his federal sentence, but he received a disciplinary infraction for possessing an unauthorized item. See Resentencing Report; cf. Pepper v. United States. 562 U.S. 476, 491 (2011).

         Having reviewed the entire record and all relevant policy statements, the court finds that Juarez-Gomez received the sentence that was "sufficient, but not greater than necessary" under 18 U.S.C. § 3553(a). Further reducing Juarez-Gomez's sentence would threaten public safety in light of his serious criminal conduct, criminal history, and misconduct while incarcerated. Cf U.S.S.G. § IB 1.10, cmt. n.l(B)(ii). Thus, the court denies Juarez-Gomez's motion for reduction of sentence under Amendment 782. See, e.g., Chavez-Meza. 138 S.Ct. at 1963-68; Patterson. 671F. App'x at 105-06; Cole. 618 Fed.Appx. at 178-79; Thomas. 546 Fed.Appx. at 225-26; Perez. 536 Fed.Appx. at 321.

         In sum, the court DENIES Juarez-Gomez's motions for reduction of ...


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.