United States District Court, E.D. North Carolina, Western Division
C. DEVER CHIEF UNITED STATES DISTRICT JUDGE
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).
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].
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).
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.
the court DENIES Juarez-Gomez's motions for reduction of