USA v. ZAMUDIO et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. 1:16-cr-00251-TWP-MJD
)
REYNOLD DE LA TORRE, 	) 	-17
)
Defendant. 	)
ORDER
This matter is before the Court on Defendant Reynold De La Torre's ("De La Torre") pro
se Motion for Clarification Pursuant to Rule 36 of the Federal Rules of Criminal Procedure (Dkt.
1655). For the reasons explained below, the Motion is denied.
On April 24, 2018, Reynold De La Torre was sentenced on Count 1, Conspiracy to
Possess with Intent to Distribute and to Distribute 500 Grams of More of Methamphetamine
pursuant to 21 U.S.C. §§ 841(a)(1) and 846), and Count 14, Possession of a Firearm in
Furtherance of a Drug Trafficking Crime pursuant 18 U.S.C. § 924(c). He received a sentence of
120 months on Count 1, and a consecutive sentence of 60 months on Count 14, for a total term of
180 months of imprisonment. In addition, he received concurrent five-year terms of supervised
release on each of Counts 1 and 14.
In his Motion, Del La Torre asks the Court to issue a clarification, pursuant to Fed. R.
Crim. P. 36, stating that his 60-month judgment under 18 U.S.C. § 924(c) was intended by the
Court to be a separate, mandatory, stand-alone term and the remaining 21 U.S.C. §§ 841(a)(1)
and 846 sentence should be served independently (Dkt. 165.) He asserts that the clarification will
assist the Bureau of Prisons in its assessment of his First Step Time Credit eligibility. Id.
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The Government opposes the Motion for several reasons (Dkt. 1658), and the Probation
Officer opposes it as well, stating 	that the clarification sought is not legally appropriate. (Dkt.
1662). The Court agrees with the Government and Probation Officer that the relief De La Torre
requests is not provided by Rule 36. In essence, De La Torre is asking this Court to substantively
alter the judgment and change whether the Bureau of Prisons will apply a credit created by the
First Step Act. (See Dkt. 1655 at 2; Dkt. 1656 at 1.)
Under the First Step Act, an inmate is ineligible to receive time credits if they are serving
a sentence for a conviction under certain provisions of law. The list of disqualifying offenses
includes Title 18, Chapter 44, Section 924(c), relating to unlawful possession of a firearm. De La
Torre's sentences on Counts 1 and 14 are aggregated, as he is presently serving prison terms for
both convictions; henceforth, his § 924(c) conviction disqualifies him from receiving First Step
Act credits. It was not the Court's intent to impose the sentences separately or standalone. De La
Torre's § 924(c) conviction in Count 14 is not a separate but mandatory, sentence to Count 1, and
Count 1 is not being served independently. The imposed sentences on Counts 1 and 14 are
aggregated; therefore, De La Tore is ineligible to receive First Step Act time credits.
Accordingly, 	the 	Motion 	for 	Clarification, 	[Dkt.] 	1655, 	is 	DENIED 	because 	the
clarification sought is not legally justified.
IT IS SO ORDERED.
Date: 	10/28/2025
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Distribution:
Electronic Notice to USPO
Michelle Patricia Brady
UNITED STATES ATTORNEY'S OFFICE
michelle.brady@usdoj.gov
Colin Clark
United States Attorney's Office, Southern District of I
Colin.Clark@usdoj.gov
Nicholas J. Linder
UNITED STATES ATTORNEY'S OFFICE (Indianapolis)
nick.linder@usdoj.gov
Tiffany Jacqueline Preston
DOJ-USAO
tiffany.preston@usdoj.gov
Brian L. Reitz
UNITED STATES ATTORNEY'S OFFICE (Indianapolis)
brian.reitz@usdoj.gov
Kelly Rota
UNITED STATES ATTORNEY'S OFFICE (Indianapolis)
kelly.rota@usdoj.gov
Reynold De La Torre
Register Number: 15502-028
FCI Beaumont Low
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 26020
BEAUMONT, TX 	77720
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