Ayala-Ventura v. USA

Filing 2

ORDER Denying Petition to Vacate under 28 U.S.C. §2255. Signed by Judge John A. Houston on 10/4/2018.(All non-registered users served via U.S. Mail Service)(anh)(jrd)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

Case No.: 15-cr-00134-JAH

Plaintiff,

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v.

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ORDER DENYING MOTION
PURSUANT TO 28 U.S.C. §2255 [DOC.
NO. 114] AND MOTION TO REDUCE
SENTENCE [DOC. NO. 123]

JOSE MANUEL AYALA-VENTURA,

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Defendant.

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On May 25, 2017, Defendant Jose Manuel Ayala -Ventura (“Defendant”), an inmate

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proceeding pro se, filed a motion to vacate, set aside, or correct his sentence pursuant to

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28 U.S.C. § 2255. Doc. No. 114.

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ineffective assistance of counsel” relating to his eligibility for a retroactive sentence

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reduction under Amendment 782 of the United States Sentencing Guidelines. The Court

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set a briefing schedule. See Doc. No. 115. Defendant filed additional briefing (doc. nos.

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117, 119) and the United States filed a Response in Opposition (doc. no. 121).

Defendant asserts “numerous potential issues of

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Defendant has since filed a separate Motion to Reduce Sentence pursuant to 18

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U.S.C. §3582 (doc. no. 123) requesting the same relief as his earlier motion to vacate, set

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aside, or correct his sentence - that the Court retroactively apply Amendment 782 to reduce

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the sentence imposed by this Court on September 8, 2015. For the following reasons,

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Defendant’s motions are DENIED.
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15-cr-00134-JAH

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Title 18 U.S.C. § 3582(c)(2) provides that a federal court may modify a term of

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imprisonment if a defendant “has been sentenced to a term of imprisonment based on a

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sentencing range that has subsequently been lowered by the Sentencing Commission.” See

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Dillon v. United States, 560 U.S. 817, 819 (2010) (quoting 18 U.S.C. § 3582(c)).

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Amendment 782, which modified U.S.S.G. § 2D1.1 to lower the sentencing range

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applicable to certain categories of drug-related offenses by reducing the offense levels for

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drug and chemical quantities, became effective on November 1, 2014. The Sentencing

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Commission also adopted Amendment 788, effective November 1, 2014, which authorized

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retroactive application of Amendment 782 to defendants sentenced before its effective

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date.

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Defendant was arrested on December 21, 2014. On September 8, 2015, this Court

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sentenced Defendant to a 100 month term of imprisonment on Count 1 for Importation of

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Methamphetamine in violation of 21 U.S.C. §§ 952 and 960, a Class C felony. Defendant

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was both arrested and sentenced after the effective date of Amendment 782, [see doc. nos.

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1, 90, 92]. Defendant was therefore properly sentenced under the November 1, 2014

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guidelines in accordance with Amendment 782, rendering any retroactive application

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needless. The Court finds that Defendant’s sentence was not “based on a sentencing range

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that has subsequently been lowered by the Sentencing Commission.” Dillon, 560 U.S. at

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819 (quoting 18 U.S.C. § 3582(c)). Accordingly, Defendant is not entitled to relief under

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18 U.S.C. § 3582 or 28 U.S.C. § 2255.

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The motions are DENIED.

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IT IS SO ORDERED.

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DATED: October 4, 2018
_________________________________
HON. JOHN A. HOUSTON
UNITED STATES DISTRICT JUDGE
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15-cr-00134-JAH