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United States v. Esparza

United States District Court, N.D. Iowa, Cedar Rapids Division

September 23, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
ALPHONSO ROBERTO HERNANDEZ ESPARZA, Defendant.

ORDER

LINDA R. READEE, Chief District Judge.

This matter comes before the court on the defendant's motion to reduce sentence (docket no. 211). The defendant filed such motion on September 22, 2014. If Congress does not disapprove or modify Amendment 782, eligible offenders can ask the court to rely on 18 U.S.C. § 3582(c)(2) to reduce their sentences on November 1, 2014; but not sooner than this date. Assuming the United States Sentencing Commission's decision to retroactively apply Amendment 782 takes effect, no offender may be released pursuant to the retroactive application of Amendment 782 until November 1, 2015 or later. Further, the court need not appoint counsel or conduct a hearing with respect to whether relief is warranted under 18 U.S.C. § 3582(c)(2). See United States v. Harris, 568 F.3d 666, 669 (8th Cir. 2009) (concluding that there is no right to assistance of counsel when pursuing relief under 18 U.S.C. § 3582(c) and finding that a judge need not hold a hearing on a motion pursuant to 18 U.S.C. § 3582(c)); see also Fed. R. Crim. P. 43(b)(4) (stating that a defendant's presence is not required in a proceeding that involves the reduction of a sentence under 18 U.S.C. § 3582(c)). Moreover, the court sua sponte addressed the application of the most recent retroactive amendments listed in USSG §1B1.10(c). Based on the foregoing, the defendant's motion to reduce sentence (docket no. 211) is denied without prejudice.

IT IS SO ORDERED.


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