Court filing

Unopposed Motion for Sentence Reduction — United States v. Daniela Rendon

No. 1:23-cr-20036-KMM · Doc. 97 · Docket on CourtListener

Full text

Case 1:23-cr-20036-KMM Document 97 Entered on FLSD Docket 04/18/2024 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE № 23-CR-20036-MOORE
UNITED STATES OF AMERICA
Plaintiff,
vs.
DANIELA RENDON,

Defendant.
____________________________/

UNOPPOSED MOTION FOR SENTENCE REDUCTION
DANIELA RENDON, (hereafter MS. RENDON) by and through undersigned counsel,

respectfully moves the Court for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2)

and Part B of Amendment 821 to the United States Sentencing Guidelines. In support of

her motion, MS. RENDON states as follows:

1. On April 25, 2023, MS. RENDON pled guilty to one (1) count of wire fraud.

2. MS. RENDON’S calculated guideline range at the time of her sentencing

hearing was forty-one (41) to fifty-one (51) months imprisonment, based on a total offense

level of twenty-two (22), and a criminal history category I. [PSR, ¶ 89].

3. On August 17, 2023, the Court sentenced MS. RENDON to forty-one (41)

months incarceration. [ECF № 63].

4. Since MS. RENDON’S sentencing hearing, the United States Sentencing

Commission issued Amendment 821 to the United States Sentencing Guidelines, which

provides for a two (2) offense level reduction for certain offenders who present zero (0)

criminal history points and satisfy the criteria listed in U.S.S.G. § 4C1.1(a). 1 The United

1 Specifically, § 4C1.1 applies if: (1) the defendant did not receive any criminal
_______________________
Motion for Sentence Reduction
Page 1 of 3
Rabin & Lopez, P.A., One Southeast Third Avenue, Suite 2600, Miami, FL 33131 • Telephone (305) 358-1064
Case 1:23-cr-20036-KMM Document 97 Entered on FLSD Docket 04/18/2024 Page 2 of 3

States Sentencing Commission made the provision retroactive beginning February 1,

2024. See U.S.S.G. § 1B1.10(e)(2) (Nov. 1, 2023); 88 Fed. Reg. 60534.

5. 18 U.S.C. § 3582(c)(2) provides this Court with the discretion to reduce a

defendant’s sentence if it was “based on a sentencing range that has subsequently been

lowered by the Sentencing Commission.” Before reducing a defendant’s sentence, the

Court must consider the factors set forth in section 3553(a) and determine whether a

reduction is consistent with the applicable policy statements issued by the Sentencing

Commission. Id.

6. MS. RENDON is eligible for a two (2) level reduction to her offense level under

Part B of Amendment 821 because she has zero (0) criminal history points and meets all

the criteria under U.S.S.G. § 4C1.1(a). Such a reduction is also consistent with the policy

statement in § 1B1.10, and with the 18 U.S.C. § 3553(a) factors in this case.

7. After applying the two (2) level reduction to MS. RENDON’S sentence, her

amended guideline range is thirty-three (33) to forty-one (41) months based upon a total

offense level of twenty (20). MS. RENDON respectfully requests that the Court reduce her

sentence to thirty-three (33) months.

history points from Chapter Four, Part A; (2) the defendant did not receive an adjustment under
§3A1.4; (3) the defendant did not use violence or credible threats of violence in connection with
the offense; (4) the offense did not result in death or serious bodily injury; (5) the instant offense
of conviction is not a sex offense; (6) the defendant did not personally cause substantial financial
hardship; (7) the defendant did not possess, receive, purchase, transport, transfer, sell, or
otherwise dispose of a firearm or other dangerous weapon (or induce another participant to do
so) in connection with the offense; (8) the instant offense of conviction is not covered by §2H1.1;
(9) the defendant did not receive an adjustment under §3A1.1 or §3A1.5; and (10) the defendant
did not receive an adjustment under §3B1.1 and was not engaged in a continuing criminal
enterprise, as defined in 21 U.S.C. § 848.
_______________________
Motion for Sentence Reduction
Page 2 of 3
Rabin & Lopez, P.A., One Southeast Third Avenue, Suite 2600, Miami, FL 33131 • Telephone (305) 358-1064
Case 1:23-cr-20036-KMM Document 97 Entered on FLSD Docket 04/18/2024 Page 3 of 3

8. Pursuant to Local Rule 88.9, undersigned counsel conferred with Assistant

United States Attorney Jonathan Bailyn regarding the foregoing motion. Mr. Bailyn

advised counsel that he has no objection to the Court granting the relief sought herein.

WHEREFORE, the Defendant, DANIELA RENDON, prays that this Honorable Court

will reduce her sentence to thirty-three (33) months imprisonment.

Respectfully submitted,

RABIN & LOPEZ, P.A.
One Southeast Third Avenue
Suite 2600
Miami, FL 33131
Tel: 305•358•1064
Fax: 305•372•1644
Email: sjr@miamilawyer.com

s/ Samuel J. Rabin, Jr.

SAMUEL J. RABIN, JR.
Florida Bar № 273831

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 18th day of April 2024, a true and correct copy of
the foregoing Unopposed Motion for Sentence Reduction was furnished via the CM/ECF
system to all parties designated to receive the electronic filings in this cause.
s/ Samuel J. Rabin, Jr.

SAMUEL J. RABIN, JR.

_______________________
Motion for Sentence Reduction
Page 3 of 3
Rabin & Lopez, P.A., One Southeast Third Avenue, Suite 2600, Miami, FL 33131 • Telephone (305) 358-1064

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