USA v. Anaya-Valencia et al

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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

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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