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defendantmotionleasesentencing guidelinespiracy
defendantmotionsentencing guidelinespiracy

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United States v. Ferreira, Slip Copy, 2024 WL 989591

Facts

Defendant Edmund S. Ferreira, III, was charged with conspiracy to distribute methamphetamine and fentanyl, to which he pled guilty. At sentencing, his base offense level was calculated at 36, with adjustments made for his role in the offense and acceptance of responsibility, resulting in a total offense level of 35. Ferreira was sentenced to the statutory minimum of 120 months imprisonment and 5 years of supervised release.

On March 6, 2020, a Criminal Complaint was filed as to Defendant Edmund S. Ferreira, III. On April 20, 2021, Defendant was charged in an Information with one count: Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine and Fentanyl in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(B).

Issue

Is Defendant Edmund S. Ferreira, III, eligible for a reduction in his term of imprisonment under Amendment 821 to the United States Sentencing Guidelines pursuant to 18 U.S.C. § 3582(c)(2)?

Is Defendant Edmund S. Ferreira, III, eligible for a reduction in his term of imprisonment under Amendment 821 to the United States Sentencing Guidelines pursuant to 18 U.S.C. § 3582(c)(2)?

Rule

Under 18 U.S.C. § 3582(c)(2), a court may reduce a term of imprisonment if the sentence was based on a sentencing range subsequently lowered by the United States Sentencing Commission. Amendment 821 altered the calculation of status points and introduced guidelines for certain zero-point offenders.

Section 3582(c)(2) of Title 18 of the United States Code permits a court to reduce a term of imprisonment if the sentence was based on a sentencing range subsequently lowered by the United States Sentencing Commission.

Analysis

The court found that Ferreira did not qualify for a reduction under Amendment 821 because he did not receive any status points and had an aggravating role enhancement that precluded him from being classified as a zero-point offender. Therefore, the changes made by Amendment 821 were deemed inapplicable to his case.

Here, Defendant does not qualify for a reduction for certain zero-point offenders pursuant to Section 4C1.1(a). At sentencing, Defendant received an upward adjustment for an aggravating role pursuant Section 3B1.1.

Conclusion

The court denied Ferreira's motion for a sentence reduction, concluding that he was not eligible under the amended guidelines and that a reduction below the statutory minimum was not authorized.

Defendant's Motion to Reduce Sentence based upon Amendment 821 to the United States Sentencing Guidelines pursuant to 18 U.S.C. § 3582(c)(2) (ECF No. 54) is DENIED.

Who won?

The Government prevailed in this case as the court denied Ferreira's motion for a sentence reduction, affirming that the changes in the guidelines did not apply to him.

Defendant is not eligible for a reduction in his term of imprisonment because he has not established that his sentencing guidelines would be lower pursuant to Amendment 821.

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