2:24-cr-00255•USA v. Anaya-Valencia et al
Full text
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 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, v. Diego Nunez-Aispuro, Defendant. No. CR-24-00255-003-PHX-KML ORDER Defendant Diego Nunez-Aispuro was sentenced on May 23, 2025. (Doc. 109.) He now seeks a sentencing reduction based on guidelines amendments that became effective on November 1, 2023, and were made retroactive to individuals incarcerated on February 1, 2024. See U.S.S.G. § 1B1.10, cmt. n. 7. Nunez-Aispuro seeks “a review of [his] case to determine [his] eligibility” and appointment of counsel to prepare a motion on his behalf if eligible. (Doc. 137 at 1.) The court must ordinarily “use the Guidelines Manual in effect on the date that the defendant is sentenced.” U.S.S.G. § 1B1.11(a). Because Nunez-Aispuro was sentenced in May 2025, that meant the 2024 guidelines manual applied. The presentence report shows the 2024 guidelines manual was used. (PSR ¶ 30.) Nunez-Aispuro has therefore already received the benefit of all 2023 guidelines amendments for which he was eligible. In short, Nunez-Aispuro is not eligible for further reductions under Amendment 821 because he has already received all of them that applied in his case. Case 2:24-cr-00255-KML Document 140 Filed 04/09/26 Page 1 of 2
- 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 Accordingly, IT IS ORDERED denying Nunez-Aispuro’s motion (Doc. 137). Dated this 9th day of April, 2026. Case 2:24-cr-00255-KML Document 140 Filed 04/09/26 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.