USA v. Hernandez-Lopez et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

Plaintiffs,

vs.

JESUS HERNANDEZ-LOPEZ,

Defendant.

8:10CR91

ORDER

This matter comes before the Court on Defendant’s Motion to Reduce Sentence,
Filing No. 172, and Counsel’s Motion to Withdraw as Attorney, Filing No. 175.
Defendant was sentenced to 87 months’ incarceration for conspiracy to distribute
methamphetamine. Following the retroactive Amendment 821 of the United States
Sentencing Guidelines, the Court granted Defendant’s motion for a sentence reduction
as a zero-point offender and re-sentenced him to 70 months. Filing No. 158. Defendant
now files for a further sentence reduction under Amendment 821, stating “during prison
term [on the present case] I received a new charges: conspiracy to distribute and possess
with the intention to distribute methamphetamine.” Filing No. 172 at 2. The Court ordered
Defendant’s attorney to respond to the motion. Filing No. 174. She states she does not
believe Defendant is eligible for further relief and requests to withdraw. Filing No. 175.
Defendant’s motion appears to be a reference to U.S.S.G. § 4A1.1(e) under which
the Court assesses points when a Defendant is under another criminal justice sentence
during the commission of the instant offense. However, as noted in the previous order
granting sentence reduction, Defendant was not assessed any criminal history points
under this or any other criminal-history section of the Guidelines. Any changes to U.S.S.G
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§ 4A1.1(e) made by Amendment 821 would therefore not impact Defendant’s sentence.
Alternatively, any new charges incurred after Defendant’s sentencing (as his motion can
be read to indicate) would not have affected the sentence he already received and are
therefore not a basis for further sentence reduction either. Accordingly,
IT IS ORDERED:
1) Defendant’s Motion to Reduce Sentence, Filing No. 172, is denied.
2) Attorney Cheryl M. Kessell’s Motion to Withdraw as Attorney, Filing No. 175, is
granted. She shall no longer receive CM/ECF notifications for the above-captioned
case.
3) The Clerk of Court is ordered to mail a copy of this order to Defendant at his last
known address.

Dated this 17th day of March, 2026.

BY THE COURT:

s/ Joseph F. Bataillon
Senior United States District Judge

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