United States v. Galaviz

282 F. Supp. 3d 87
CourtCourt of Appeals for the D.C. Circuit
DecidedOctober 11, 2017
DocketCriminal No. 12–cr–125–19 (CKK)
StatusPublished
Cited by2 cases

This text of 282 F. Supp. 3d 87 (United States v. Galaviz) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Galaviz, 282 F. Supp. 3d 87 (D.C. Cir. 2017).

Opinion

COLLEEN KOLLAR-KOTELLY, UNITED STATES DISTRICT JUDGE

Presently before the Court is Defendant Guadalupe Galaviz's [365] Motion to Alter or Amend Judgment, which the Government opposes in its [368] Opposition to the Defendant's Motion. Defendant requests that the Court alter or amend the judgment in this case "to reflect the correct calculation" of his sentence as 120 months instead of 180 months. Def.'s Mot. at 1. Defendant cites no authority in support of his Motion but instead relies upon his interpretation of a statement made by this Court in its April 26, 2016 Memorandum Opinion. Upon consideration of the pleadings, the relevant legal authorities, and the record as a whole, the Court shall DENY Defendant's [365] Motion to Alter or Amend Judgment.

I. BACKGROUND

Defendant Guadalupe Galaviz ("Defendant" or "Galaviz") was charged by indictment with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and 28 grams or more of cocaine base in violation of 21 U.S.C. § 846. Superseding Information, ECF No. 220. On November 6, 2013, pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C), Galaviz pled guilty to one count of Conspiracy to Distribute and Possess with Intent to Distribute One Kilogram or more of Heroin in violation of 21 U.S.C. §§ 846, 841(a), and 841(b)(1)(A)(i), and one count of Conspiracy to Distribute and Possess with Intent to Distribute 500 Grams or more of Cocaine Powder in violation of 21 U.S.C. §§ 846, 841(a), and 841(b)(1)(B)(ii). See Plea Agmt., ECF No. 229. Pursuant to the terms of the plea agreement, the parties agreed that the appropriate sentence of imprisonment should be fifteen *89years followed by five years of supervised release. Id. at 2. After conducting a plea hearing, the Court accepted the plea agreement and, on February 6, 2014, this Court sentenced Galaviz to a term of "One-Hundred Eighty (180) Months on Count One (1) and One-Hundred Eighty (180) Months on Count Two (2) of the Superseding Information, said term of incarceration shall run concurrently" with credit for time served. Judgment, ECF No. 268, at 3. Galaviz did not appeal his sentence and conviction, and currently is serving his term of imprisonment.

After the sentence was imposed, Galaviz filed a Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c) (2), based on Amendment 782 to the United States Sentencing Guidelines, which reduced the offense levels assigned to certain drug offenses. Motion for Modification or Reduction, ECF No. 288. The Court issued a Memorandum Opinion on April 26, 2016 finding that Galaviz was eligible for a reduction in sentence based on Amendment 782 and that the Court had the discretion to reduce Galaviz's term from 180 months to a term of not less than 168 months. See Memorandum Opinion, ECF No. 349, at 1. After the Court reviewed the memoranda in aid of sentencing from both Galaviz and the Government, the Court determined that it would not exercise its discretion to reduce Galaviz's sentence, and it denied the Motion for Modification or Reduction of Sentence. Id. at 2. In making its decision, the Court noted that "the parties and the Court agreed at the time of Galaviz's sentencing that the 180-month term of imprisonment was appropriate" and further, that "[the] sentence falls within the revised range and, notably, is at the lower end of the revised range." Id. at 10.

On May 23, 2016, Galaviz filed a Notice of Appeal from the Court's Order denying his Motion for Modification or Reduction of Sentence but he neither paid the filing fee nor did he move to proceed in forma pauperis . Notice of Appeal, ECF Nos. 350, 351. Pending before this Court is Galaviz's Motion to Alter or Amend Judgment, which is opposed by the Government, and is ripe for review by this Court.

II. ANALYSIS

As a preliminary matter, the Court notes that Defendant cites no legal authority upon which to base his request to alter or amend the judgment in this case. Federal courts are not usually authorized to modify a sentence that has been imposed; however, there are a few narrow exceptions to this general rule. See Dillon v. United States , 560 U.S. 817, 819, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) ; United States v. Butler , 130 F.Supp.3d 317, 319-20 (D.D.C. 2015). Pursuant to 18 U.S.C. § 3582, a sentence may be modified upon motion of the Director of the Bureau of Prisons if extraordinary and compelling reasons warrant the reduction, or if the defendant has reached the age of seventy and served at least thirty years in prison on a sentence imposed under section 3559(c) and the defendant is not a danger to the safety of any person or the community. 18 U.S.C. § 3582 (c)(1)(A)(i),(ii).

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Related

United States v. Galaviz
District of Columbia, 2023
United States v. Guadalupe Galaviz
892 F.3d 378 (D.C. Circuit, 2018)

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Bluebook (online)
282 F. Supp. 3d 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-galaviz-cadc-2017.