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United States v. Arias-Gonzales

United States District Court, N.D. Iowa, Western Division

May 22, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
FERNANDO ARIAS-GONZALES, Defendant.

ORDER

DONALD E. O'BRIEN, District Judge.

This matter comes before the Court on the Defendant's pro se Motion to Reduce Sentence, Docket No. 68.

I. BACKGROUND

On August 23, 2007, the Defendant was indicted on one count related to the distribution of methamphetamine. Docket No. 1. On November 15, 2007, a jury found him guilty. Docket No. 22. On June 13, 2008, the Court sentenced Mr. Arias-Gonzales to 300 months incarceration. Docket No. 38. The Defendant appealed, and the 8th Circuit affirmed his conviction on December 15, 2009. Docket No. 58.

Mr. Arias-Gonzales filed the present pro se Motion on May 20, 2014. Docket No. 68.

II. ANALYSIS

In his Motion for a Sentence Reduction, Mr. Arias-Gonzales requests the Court modify his sentence, pursuant to 18 U.S.C. ยง 3582(c)(2), based on the proposed 2014 sentencing guideline changes. However, the proposed changes to the sentencing guidelines do not take effect until November 1, 2014.[1] Accordingly, Mr. Arias-Gonzales' Motion is premature and must be denied.

III. CONCLUSION

For the reasons set out above, the Defendant's pro se Motion, Docket No. 68, is denied. However, this denial is without prejudice and Mr. Arias-Gonzales may refile his Motion after the new sentencing guidelines take effect in November.

IT IS SO ORDERED.


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