4:21-cr-01384•USA v. Ramirez-Roman
Full text
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, v. Hector Francisco Ramirez-Roman, Defendant. No. CR-21-01384-001-TUC-JCH (EJM) ORDER Before the Court is Defendant’s “Pro Se Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Based on the 2025 Sentencing Commission Amendment for Drug Offenders with Minimal Participation” (“Motion for Sentence Reduction”) (Doc. 70). Defendant argues he is eligible for a sentence reduction under Amendment 833 to the U.S. Sentencing Guidelines, which instructs courts on the application of a mitigating role adjustment under U.S.S.G. § 3B1.2 in drug trafficking cases. Under U.S.S.G. § 3B1.2, courts are instructed to decrease a defendant’s offense level if he was a minimal or minor participant in any criminal activity. Typically, “this guideline is not applicable unless more than one defendant was involved in the offense.” § 3B1.2 cmt. Amendment 833, however, added special eligibility for defendants in drug trafficking cases: “In addition to the circumstances identified in § 3B1.2, an adjustment under § 31B.2 is generally warranted if the defendant’s primary function in the offense was performing a low-level trafficking function,” including serving as a courier. § 2D1.1(e)(2)(B). Under this provision, most of the requirements of § 3B1.2 apply, “except Case 4:21-cr-01384-JCH-EJM Document 71 Filed 12/23/25 Page 1 of 3
- 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that[, relevant here,] the adjustment shall apply regardless of whether the offense involved other participants in addition to the defendant.” Id. At first glance, it appears § 2D1.1(e)(2)(B) could apply to Defendant.1 But under the Sentencing Guidelines, [i]n a case in which a defendant is serving a term of imprisonment, and the guidelines range applicable to that defendant has subsequently been lowered as a result of an amendment to the Guidelines Manual listed in subsection (d) below, the court may reduce the defendant’s term of imprisonment as provided by 18 U.S.C. § 3582(c)(2). § 1B1.10(a)(1) (emphasis added). The Commentary to § 1B1.10 explicitly states, “Eligibility for consideration under 18 U.S.C. § 3582(c)(2) is triggered only by an amendment listed in subsection (d).” § 1B1.10(a) cmt. (emphasis added). Subsection d does not include Amendment 833 among the amendments that apply retroactively. § 1B1.10(d). In the Ninth Circuit, courts “consider three factors when assessing whether an amendment to the Guidelines applies retroactively”: (1) whether the amendment is listed as a retroactive amendment in U.S.S.G. § 1B1.10(d); (2) whether the amendment is characterized as a clarification; and (3) whether the amendment resolves a circuit split. United States v. Tolbert, 704 F. App’x 646, 648 (9th Cir. 2017) (quoting United States v. Quintero-Leyva, 823 F.3d 519, 522 (9th Cir. 2016)). Amendment 833 is not listed under § 1B1.10(d), it inserted a substantive addition to (rather than clarification of) § 2D1.1, and it did not purport to resolve a circuit split. Under these factors, Amendment 833 is not retroactive, and Defendant is not eligible for a sentence reduction on this basis. /// /// /// /// /// 1 Whether a defendant is eligible for a decrease in offense level under § 2D1.1(e)(2)(B) is “based on the totality of the circumstances and involves a determination that is heavily dependent upon the facts of the particular case.” Here, because Amendment 833 does not apply retroactively, the Court need not make a substantive judgment on the extent to which it would have adjusted Defendant’s sentence, if at all. Case 4:21-cr-01384-JCH-EJM Document 71 Filed 12/23/25 Page 2 of 3
- 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Accordingly, IT IS ORDERED denying Defendant’s Motion for Sentence Reduction (Doc. 70). Dated this 23rd day of December, 2025. Case 4:21-cr-01384-JCH-EJM Document 71 Filed 12/23/25 Page 3 of 3
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.