USA v. Obregon, Jr.

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America,
Plaintiff,
vs.
Eric Obregon, Jr.,
Defendant.
Case No. 1:23-cr-00032
ORDER DENYING MOTION TO REDUCE SENTENCE
[¶1] 	THIS MATTER comes before the Court on a Motion to Reduce Sentence filed by the
Defendant on January 16, 2026. Doc. No. 47. The Federal Public Defender’s Office filed a Notice
of Intent Not to Supplement the Defendant’s Motion on January 21, 2026. Doc. No. 49. 	The
United States filed a Response on February 18, 2025. Doc. No. 50.
[¶2] 	The Defendant seeks a reduction of his sentence based upon Amendment 821 to the United
States Sentencing Guidelines which went into effect on November 1, 2023. Pursuant to 18 U.S.C.
§ 3582(c)(2), a defendant may seek a sentence reduction if she has “been sentenced to a term of
imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing
Commission[.]”
[¶3] 	In Part A to Amendment 821, the United States Sentencing Commission modified the
provision for adding criminal history points when a defendant committed the instant offense while
under another criminal justice sentence. These are called “status points.” Here, the Defendant had
twelve (12) criminal history points before adding one (1) additional status point under Part A to
Amendment 821. Doc. No. 34, ¶¶ 39–41. Therefore, he has already received the full benefit of Part
A to Amendment 821.
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[¶4] 	Part B, Subpart 1 to Amendment 821, created a two-level reduction in the total offense
level for defendants receiving zero criminal history points and whose offense did not involve
certain criteria. See also U.S.S.G. § 4C1.1 (providing an guidelines adjustment for some zero-point
offenders). As noted, the Defendant is not a zero-point offender and Part B, Subpart 1 to
Amendment 821, therefore, does not apply.
[¶5] 	Accordingly, the Defendant is not eligible for a sentence reduction under 18 U.S.C. §
3582(c)(2). The Defendant Motion to Reduce Sentence is DENIED.
[¶6] 	IT IS SO ORDERED.
DATED April 1, 2026.
Daniel M. Traynor, District Judge
United States District Court
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