USA v. Bojorquez-Loya

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Criminal Case No. 17-cr-185-WJM
UNITED STATES OF AMERICA,
Plaintiff,
v.
1. 	NOEL BOJORQUEZ-LOYA,
Defendant.
ORDER DENYING DEFENDANT’S 18 U.S.C. § 3582(c)(2) MOTION
Before the Court is Defendant Noel Bojorquez-Loya’s pro se Motion for
Modification or Reduction of Sentence under U.S.S.G. § 4C1.1 (“Motion”). (ECF No.
85.) The Government filed a response. (ECF No. 89.) For the following reasons, the
Motion is denied.
In January 2019, Bojorquez-Loya pleaded guilty to four counts of possession of a
firearm by an alien, 18 U.S.C. § 922(g)(5), three counts of possession of a controlled
substance with intent to distribute, 21 U.S.C. § 841(a)(1), and one count of knowingly
possessing a firearm during and in relation to a drug trafficking crime, 18 U.S.C. §
924(c)(1)(A). (ECF No. 55 at 1–2.) In August 2019, the Court sentenced him to a total
of 150 months in prison. (ECF No. 83.)
Bojorquez-Loya now seeks a sentence reduction under the “zero-point offender”
provisions of U.S.S.G. § 4C1.1. (ECF No. 85.) The Government concedes that he is
eligible for a sentence reduction insofar as he “he had no criminal history category
Case No. 1:17-cr-00185-WJM Document 96 filed 01/29/26 USDC Colorado pg 1
of 2

2
points and a had a criminal history score of zero at the time of his sentencing.” (ECF
No. 89 at 3.) Nevertheless, the Government maintains that Bojorquez-Loya is ultimately
not entitled to a sentence reduction because he possessed a firearm in connection with
the offenses for which he pleaded guilty. See U.S.S.G. §4C1.1(a)(7) (disqualifying
defendants who possessed a firearm “in connection with the offense”). (Id. at 5.)
The Court agrees with the Government. Bojorquez-Loya expressly admitted in
his plea agreement that he “carried the Jimenez Arms, Model J.A., 380 caliber semi-
automatic pistol . . . for protection of himself, the narcotics, and the money from his drug
trafficking.” (ECF No. 55 at 14.) And he has supplied no reason in his Motion for the
Court to “second-guess this admission.” United States v. Bernal Salazar, 2024 WL
4603965, at *3 (10th Cir. Oct. 29, 2024). As a result, it is patently clear that Bojorquez-
Loya is not eligible for a sentence reduction.
For these reasons, the Motion is DENIED. (ECF No. 85.)
Dated this 29 th day of January, 2026.
BY THE COURT:
__________________________
William J. Martínez
Senior United States District Judge
Case No. 1:17-cr-00185-WJM Document 96 filed 01/29/26 USDC Colorado pg 2
of 2