USA v. Guzman-Dominguez et al

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Case 2:16-cr-00580-RB-KK Document 256
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FILED UNITED STATES DISTRICT COURT
IN THE UNITED STATES DISTRICT COURTLAS CRUCES, NEW MEXICO FOR THE DISTRICT OF NEW MEXICO
MAY 2 6 2026
UNITED STATES OF AMERICA,
Plaintiff,
ERIK PALTROW CLERK OF COURT
V.
No. 2:16-cr-0580 RB
JOSE REMBERTO GUZMAN-DOMINGUEZ,
Defendant.
MEMORANDUM OPINION AND ORDER
THIS MATTER is before the Court on Defendant Jose Remberto Guzman-Dominguez's Motion Pursuant to 3582(c)(2). (Doc. 252.) Guzman-Dominguez requests a sentence reduction under 18 U.S.C. § 3582(c) and seeks retroactive application of Amendment 833 to the United States Sentencing Guidelines. (See id.) The United States contends he is ineligible for a reduction. (Doc. 254.) Having reviewed the parties' arguments, the record, and the applicable law, the Court finds that Guzman-Dominguez is not eligible for a sentence reduction under Amendment 833 and will therefore DISMISS the motion.
I. Background
On August 15, 2017, following a jury trial, the Court sentenced Guzman-Dominguez to 180 months of imprisonment on three counts: (1) conspiracy to distribute 5 kilograms and more of cocaine and 1 kilogram and more of heroin contrary to 21 U.S.C. §§ 846(a)(1) and (b)(1)(A); (2) possession with intent to distribute 5 kilograms and more of a mixture and substance containing a detectable amount of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A) and 18 U.S.C. § 2; and (3) possession with intent to distribute 1 kilogram and more of a mixture and substance containing a detectable amount of heroin in violation of 21 U.S.C. §§ 841(a)(1)(A) and (b)(1)(A) and 18 U.S.C. § 2. (See Docs. 23; 120; 190.) The United States Probation Office (USPO) provided
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AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO

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a presentence report and computed a total offense level of 38. (Doc. 155 [ 34.) Because Guzman- Dominguez had no prior convictions, the USPO calculated a criminal history score of zero. (Id. [ 37.) His anticipated release date is August 26, 2027. See Inmate Locator, https://www.bop.gov/ inmateloc/ (last visited May 20, 2026).
Since Guzman-Dominguez was sentenced, the United States Sentencing Commission amended the Sentencing Guidelines (Amendment 833). See Amendment 833, U.S. Sentencing Comm'n, (Nov. 1, 2025), https://www.ussc.gov/guidelines/amendment/833. Guzman- Dominguez, acting pro se, now argues he played a "low level trafficking role" as a "courier" and is eligible for a sentence reduction under Amendment 833. (Doc. 252.) The United States opposes the motion. (Doc. 254.)
II. Guzman-Dominguez is not eligible for a sentence reduction.
A. Legal Standard
A district court may modify a sentence "only pursuant to statutory authorization." United States v. Mendoza, 118 F.3d 707, 709 (10th Cir. 1997) (citation omitted). Section 3582(c)(2) provides that authorization for a defendant "who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission." 18 U.S.C. § 3582(c)(2); see also U.S.S.G. § 1B1.10(a)(1). Section 3582 "authorize[s] only a limited adjustment to an otherwise final sentence and not a plenary resentencing proceeding." Dillon v. United States, 560 U.S. 817, 826 (2010). "In no event may the reduced term of imprisonment be less than the term of imprisonment the defendant has already served." § 1B1.10(b)(2)(C). In addition, except when the sentence was lower than the Guidelines range because the defendant provided substantial assistance to authorities, "the court shall not reduce the
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defendant's term of imprisonment ... to a term that is less than the minimum of the amended" Guidelines range. § 1B1.10(b)(2)(A)-(B).
B. Amendment 833 is not retroactive.
Amendment 833 may lower the Guidelines sentencing range applicable to certain defendants. "However, Amendment 833 is not among the covered amendments listed in § 1B1.10(d) and thus has not been made retroactive by the Sentencing Commission." United States v. Nunez, No. 2:25-cr-0394 MIS, 2026 WL 36101, at *1 (D.N.M. Jan. 6, 2026) (citation omitted). Because Amendment 833 is not retroactive, Guzman-Dominguez is ineligible for a sentence reduction pursuant to § 3582(c). See id. (citations omitted). The Court will dismiss the motion on this basis.
As the United States points out, even if Amendment 833 applied retroactively, Guzman- Dominguez would still be ineligible for a sentence reduction. (See Doc. 254 at 5.) When considering a sentence reduction under § 1B1.10(b)(2), the Court "generally may 'not reduce the defendant's term of imprisonment under 18 U.S.C. § 3582(c)(2) ... to a term that is less than the minimum of the amended guideline range' produced by the substitution." See Dillon, 560 U.S. at 827 (quoting U.S.S.G. § 1B1.10(b)(2)(A)). Here, Guzman-Dominguez's "existing sentence-180 months-is already below" what his amended guideline range would be under Amendment 833 (188 to 235 months). (See Doc. 254 at 5.) Accordingly, the Court would deny the motion on that basis.
IT IS THEREFORE ORDERED that Guzman-Dominguez's Motion Pursuant to 3582(c)(2) (Doc. 252) is DISMISSED.
ROBERT C. BRACK SENIOR U.S. DISTRICT JUDGE ..
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