United States District Court, D. Minnesota
Jeffrey S. Paulsen, United States Attorney's Office,
counsel for plaintiff.
Salazar-Sosa, #17908-041, Giles W. Dalby CI, defendant pro
S. Doty, Judge United States District Court
matter is before the court upon the motion by defendant
Samuel Salazar-Sosa for a sentence reduction pursuant to 18
U.S.C. § 3582(c)(2). On July 7, 2014, Salazar-Sosa
pleaded guilty to conspiracy to distribute a mixture or
substance containing a detectable amount of heroin, in
violation of 21 U.S.C. §§ 841(b)(1)(B) and 846. In
the plea agreement, Salazar-Sosa admitted that he was an
average participant in the conspiracy. On January 5, 2015,
the court sentenced Salazar-Sosa to 57 months'
imprisonment, followed by three years of supervised release.
now moves for a reduction in his total sentence pursuant to
Amendment 794 of the United States Sentencing Guidelines,
which became effective on November 1, 2015. Amendment 794
addresses the standards governing mitigating-role reductions
under Guidelines § 3B1.2. Salazar-Sosa argues that he
qualifies as a minor, rather than average participant under
the amendment. The government opposes the motion on the
grounds that the amendment does not apply retroactively and
because Salazar-Sosa stipulated that he was an average
participant. The court agrees with the government.
court may modify a term of imprisonment when the Sentencing
Commission subsequently lowers a sentencing range. 18 U.S.C.
§ 3582(c). A post-sentencing guidelines amendment
applies retroactively, however, only if the Sentencing
Commission expressly declares it to be retroactive.
See U.S.S.G. § 1B1.10(d). Because the
Sentencing Commission did not include Amendment 794 on the
list of retroactively applicable amendments, see
id., it cannot be applied to Salazar-Sosa. See
United States v. Lewis, No. 16-2939, 2016 WL 6601644, at
*3 (D. Minn. Nov. 7, 2016) (rejecting application of
Amendment 794 because it is not retroactive); United
States v. Shelton, No. 10-295(8), 2016 WL 6584908, at *1
(D. Minn. Nov. 4, 2016) (same). Further, Salazar-Sosa
conceded his average role in the offense, which undermines
the factual basis for his motion.
based on the above, IT IS HEREBY ORDERED
that the motion for sentence reduction pursuant to 18 U.S.C.