USA v. Ramirez-Roman

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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

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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.
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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.
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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