USA v. Soria-Cuevas

1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Jorge Perez is a federal prisoner seeking compassionate release under 18 U.S.C. § 3582(c)(2)
and the retroactive amendments to the U.S. Sentencing Guidelines (“Amendment 821”). (Doc. 803.)
The government opposes the motion. (Doc. 805.) For the reasons set forth below, the motion is
DENIED.
I. Background
On February 24, 2025, Defendant pled guilty to conspiracy to distribute and possess with intent
to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). (Docs. 445, 527.) In
advance of sentencing, the probation officer filed a Presentence Investigation Report. (PSR, Doc. 611.)
The PSR assigned a total offense level of 31, which included a two-level increase under U.S.S.G.
§ 2D1.1(b)(1) based on Defendant’s possession of a firearm at the time of the offense, a two-level
reduction under U.S.S.G. § 3B1.2(b) for his role as a minor participant in the conspiracy, and a three-
level reduction based on his acceptance of responsibility. (Id. ¶¶ 28-37.) The PSR, filed in May 2025,
UNITED STATES OF AMERICA,
Plaintiff,
v.
JORGE PEREZ,
Defendant.
)
)
)
)
)
)
)
)
)
)
Case No.: 1:24-cr-00055 JLT SKO
ORDER DENYING DEFENDANT’S MOTION
FOR SENTENCE REDUCTION PURSUANT TO
18 U.S.C. § 3582(c)(2)
(Doc. 803)
Case 1:24-cr-00055-JLT-SAB Document 806 Filed 12/31/25 Page 1 of 3

2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
assigned two criminal history points based on Defendant’s prior criminal conviction, which resulted in
a criminal history score of 2 and placed Defendant in criminal history category II. (See id. ¶¶ 45-48.)
He received no status points. (See id.) Based on Defendant’s offense level and criminal history
category, the advisory sentencing guideline range was 121 to 151 months. (Id. ¶ 74.)
At Defendant’s sentencing hearing on July 28, 2025, the Court adopted the probation officer’s
findings in the PSR without change and imposed a sentence below the applicable guideline range for
the reasons stated in Sections V and VI of the Statement of Reasons. (See Statement of Reasons at 1-
3.) Defendant was sentenced to 78 months in custody followed by 24 months of supervised release
with conditions (unsupervised, if deported). (Docs. 701, 706.)
II. Discussion
Effective November 1, 2023, Amendment 821 amended two provisions of the Sentencing
Guidelines—“parts A and B, subpart 1”—which applied retroactively. See U.S.S.G. § 1B1.10(d)
(2023); see also U.S.S.G. § 1B1.10(e)(2). Part A reduces the number of “status points” assigned to
certain defendants who committed their offense while under a criminal justice sentence, thereby
lowering the impact on the defendant’s criminal history. See U.S.S.G. § 4A1.1.1 Part B, subpart 1
includes what now appears in U.S.S.G. § 4C1.1 as the “zero-point offender” provision, which provides
a two offense-level reduction for certain offenders who present zero criminal history points and satisfy
certain criteria as set forth at U.S.S.G. § 4C1.1(a).
Defendant seeks relief under Part B, subpart 1. However, he is not a “zero-point offender.”
Indeed, he received two criminal history points based on a prior conviction. (See PSR ¶ 46.) The
PSR’s offense level computation also included a two-level increase pursuant to U.S.S.G. §2D1.1(b)(1)
based on Defendant’s possession of a firearm “while transporting drug proceeds to San Diego.” (PSR
¶ 29.) Therefore, Defendant has failed to demonstrate that he “did not receive any criminal history
points” or that he “did not possess … a firearm … in connection with the offense.” U.S.S.G.
§§ 4C1.1(a)(1), (7). Because Defendant has not demonstrated that he meets all of the criteria set forth
at U.S.S.G. § 4C1.1(a), he is ineligible for a sentence reduction under 18 U.S.C. § 3582(c)(2) based on
1 Though Defendant does not invoke Part A, the Court adds that he is ineligible for relief under this provision,
as he was not assigned any status points at sentencing. (See PSR ¶¶ 46-47; SOR at 1.)
Case 1:24-cr-00055-JLT-SAB Document 806 Filed 12/31/25 Page 2 of 3

3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the “zero-point offender” provision of Amendment 821.
In addition, Amendment 821 was already considered when Defendant’s guideline sentencing
range was calculated. As noted above, the PSR was filed in May 2025, after Amendment 821 took
effect. When Defendant was sentenced in July 2025, the Court adopted the findings in the PSR
without change, which indicates that “[t]he 2024 Guidelines Manual, incorporating all guideline
amendments, was used to determine the defendant’s offense level.” (SOR at 1; PSR ¶ 27, citing
U.S.S.G. § 1B1.11.)2 Therefore, Defendant may not rely on Amendment 821 as a basis for
compassionate release.
III. Conclusion and Order
Based upon the foregoing, Defendant’s motion for a sentence reduction (Doc. 803) is
DENIED.
IT IS SO ORDERED.
Dated: December 31, 2025
2 Section 1B1.11 requires sentencing judges to “use the Guidelines Manual in effect on the date that the
defendant is sentenced.” U.S.S.G. § 1B1.11(a).
Case 1:24-cr-00055-JLT-SAB Document 806 Filed 12/31/25 Page 3 of 3