Court filing
Motion and Request to Modify Sentence — United States v. Don v. Cisternino (M.D. Fla.)
Filed October 22, 2024 in U.S. v. Cisternino; one of 14 filings from this case.
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2024-10-22 |
U.S. District Court for the Middle District of Florida · No. 6:21-cr-00016-AGM-DCI · Doc. 52 · 2024-10-22 · Docket on CourtListener
Full text
Case 6:21-cr-00016-AGM-DCI_ Document52 _ Filed 10/22/24 Page 1 of5 PagelD 302 _ nies UNITED STATES DISTRICT COURT "8S MIDDLE DISTRICT OF FLORIDA ae mb 1 O15 mown UNITED STATES OF AMERICA, Plaintiff, Fs Ve Case No.: 6:21-CR-16-WWB-DCI DON VICTOR CISTERNINO, Defendant. MOTION AND REQUEST TO MODIFY SENTENCE COMES NOW, Mr. Don V. Cisternino, Defendant, to respectfully move this honorable Court to modify his sentence pursuant to 18 U.S.C. 3582(c)(2)- and U.S.S.G.--4C1.1 by stating the—fellowing: 1. On 11 January 2023, Defendant was sentenced to seventy- eight (78) months in federal prison for violating 18 U.S.C. 1957. 2. Defendant is currently incarcerated at F.P.C. [Federal Prison Camp] Montgomery on the Maxwell Air Force Base in Montgomery County, Montgomery, Alabama. 3. Pursuant to 18 U.S.C. 3582(c)(2), if a defendant has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered, upon motion for resentencing, the Court may reduce the term if such reduction is consistent with applicable policy statements issued by the Sentencing Commission. 4. Pursuant to Part B, Subpart 1 of Amendment 821, in 2023, the United States Sentencing Commission enacted U.S.S.G. 4ci.i, which authorizes a two-level reduction of a defendant's Total Offense Level for defendants with zero (0) criminal history points and whose instant offense did not involve specified aggravating factors. 5. Part B, Subpart 1 of Amendment 821 has been listed in U.S.S.G. 1B1.10(d) as an amendment that is available for retro- active application. 6. As provided in U.S.S.G. 1B1.10, prior to reducin a defendant's term of imprisonment pursuant to U.S.S.G. 4C1. and 18 U.S.C. 3582(c)(2), the Court must determine whether the defendant is eligible for the two-level reduction and, if so, whether said reduction would result in a lower guideline range for the defendant. Page 1 Case 6:21-cr-00016-AGM-DCI Document 52 Filed 10/22/24 Page 2 of 5 PagelD 303 7. The Defendant in this matter has zero (0) criminal history points; was not convicted of an offense involving any of the aggravating factors in U.S.S.G. 4C1.1; and is otherwise eligible for the two-level reduction. 8. When considering whether to resentence an eligible defendant, the Court must consider the sentencing factors listed in 18 U.S.C. 3553(a). 18 U.S.C. 3582(c)(2). Further, a defendant's post-sentencing conduct may also be considered. U.S.S.G. 1B1.10 cmt.n.1(b)(iii). If, after such considerations, the Court believes that a lower sentence would be sufficient but not greater than necessary to achieve the goal of sentencing, it may lower defendant's sentence. 9. In this matter, Defendant's post-sentencing conduct clearly demonstrates that he is deserving of resentencing within the above-referenced reduced guideline range, in that: — a) Defendant has been incident-free and has not been subject to disciplinary action of any kind or type throughout his incarceration; b) Defendant has maintained the following employment while incarcerated: Inmate Transporter 2023 March to 2024 April Worker, GCE-04 Gunter Grounds 2024 July to PRESENT Defendant has also maintained an Ad hoc position of Instructor, leading three (3) courses for Beginning Guitar over the course of the years 2023 and 2024 and a (1) course for Music Theory in 2024. The course for Beginning Guitar met weekly over the course of four (4) consecutive weeks; the course for Music Theory likewise met weekly over the course of eight (8) weeks. Defendant is currently teaching the course for Music Theory and is set to begin a new course for the same subject immediately following its completion. Defendant has made consistent monthly payments c of $25 per quart. in fulfillment of his Financial Responsibility- Participates (F.R.P.) assignment, which started 04 March 2023; Page 2 Case 6:21-cr-00016-AGM-DCI Document 52 Filed 10/22/24 Page 3 of 5 PagelD 304 d) Defendant has followed the directives of his Case Manager regarding his immediate and long term goals, and has completed, or is currently enrolled in, all recommended courses and programs (N.B., * indicates courses/programs in which the defendant is currently taking or enrolled): MUSIC THEORY 2024-02-04 INTRO TO MUSIC 2024-01-27 MONEY SMART OLDER ADULTS RPP 3 2024-01-08 INTRO TO RECREATION FACILITIES 2023-12-03 MIND SET 2023-10-11 INTRO TO HOBBYCRAFT 2023-09-17 DAY CLASS FOR DRUG EDUCATION 2023-08-11 CIVIL RIGHTS (UB) 2023-07-06 Defendant has been in First Step Act (F.S.A.) earning status since the beginning of his sentence. WHEREFORE, for the foregoing reasons, Defendant respectfully requests that this Court grant his Motion and Request to Modify Sentence; enter its Order resentencing Defendant within the appropriate reduced guideline range; and for such other and further relief as the Court deems just and proper on the premises. Signed, Don Victor Cisternino Rederal Register Number 98512-509 Federal Prison Camp Montgomery Maxwell Air Force Base 1001 Willow Street Montgomery, Montgomery County, Alabama 36112-0000 Page 3 an po case 6:21-cr-00016-AG Federal Frison Came | ) 00) Lyitlow ST- (Nentyunaey s AL 36 UT 9589 O?710 S2?0 23h? ebbO 58 vs 9.9. \ishnct Court Sa Wie Pistna of Flonide Clerc o€ Court 40\ Wer Ceawa\ Yoled. RETURN RECEIPT © Orlando, FL 3zZB0| REQUESTED Sgr! 305. \), PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT
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