USA v. Amaya

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA
v.
Case No. 2:25-cr-03452-MIS
DAVID AMAYA,
Defendant.
ORDER DENYING MOTION FOR REDUCTION OF SENTENCE PURSUANT TO
18 U.S.C. § 3582(c)(2)
THIS MATTER is before the Court on Defendant David Amaya’s Motion for Reduction of
Sentence Pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10 (“Motion”), ECF No. 32, filed
May 29, 2026. Petitioner seeks a reduction of sentence pursuant to Amendment 821 to the United
States Sentencing Guidelines “in relation to ‘Status Points’ and/or ‘zero-point offenders . . . .” Mot.
at 1. Defendant also filed a Motion for Appointment of Counsel “for him to better articulate his
case” with regard to the Motion. ECF No. 33.
Pursuant to 18 U.S.C. § 3582(c)(2), a court may reduce the term of imprisonment 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 pursuant to 28 U.S.C. 994(o)’ and
made retroactive pursuant to § 994(u).” Dillon v. United States, 560 U.S. 817, 824 (2010) (quoting
18 U.S.C. § 3582(c)(2)).
Defendant is not entitled to a sentence reduction under Section 3582(c)(2) because
Amendment 821 became effective before Defendant was sentenced. Specifically, Amendment 821
became effective November 1, 2023, see United States Sentencing Commission, Amend. 821,
https://perma.cc/KP4H-HMYC, and Defendant was sentenced December 10, 2025, see Sentencing
Minute Sheet, ECF No. 30; Judgment at 1, ECF No. 31. Thus, his sentencing range was not
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“subsequently lowered” by Amendment 821, Dillon, 560 U.S. at 824, and he is not entitled to a
sentence reduction under 18 U.S.C. § 3582(c)(2).
Accordingly, it is HEREBY ORDERED that Defendant’s Motion for Reduction of
Sentence Pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10, ECF No. 32, is DENIED.
Defendant’s Motion for Appointment of Counsel, ECF No. 33, is DENIED AS MOOT.
………………………………………….
MARGARET STRICKLAND
UNITED STATES DISTRICT JUDGE
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