Order — United States v. Gonzalez (Dkt. 37, S.D.N.Y.)

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An order by District Judge Paul A. Engelmayer in United States of America v. Juan Castro Gonzalez, 22-CR-210 (PAE), in the U.S. District Court for the Southern District of New York, dated January 31, 2024. It states that on January 3, 2023 the defendant was sentenced principally to 40 months of imprisonment (Dkt. 29), and that on November 3, 2023 he moved for a sentence reduction under Amendment 821 to the Sentencing Guidelines (Dkt. 33). Having considered the submissions of the defendant, the Government (Dkt. 34) and the Probation Department (Dkt. 36), the Court finds him ineligible because his original sentence is below the Guideline range that would result from the amendment, and denies the motion.

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Case 1:22-cr-00210-PAE Document 37 Filed 01/31/24 Page 1 of 2




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORI(


UNITED STATES OF AMERICA,

                                                                        22-CR-210 (PAE)
                         -v-
                                                                             ORDER
 JUAN CASTRO GONZALEZ,

                                       Defendant.


PAUL A. ENGELMAYER, District Judge:

       On January 3, 2023, the defendant was sentenced principally to a term of imprisonment

of 40 months. Dkt. 29.

       On November 3, 2023, the defendant filed a motion requesting that the Court consider a

sentence reduction pursuant to Amendment 821 to the Sentencing Guideline, which went into

effect on November 1, 2023 and applies retroactively. Dkt. 33. The United States Probation

Department has issued a report indicating that the defendant is not eligible for a sentence

reduction. Dkt. 36

       The Comi has considered the record in this case, and the submissions on this motion of

the defendant, Dkt. 33, the Government, Dkt. 34, and the Probation Depaitment, Dkt. 36.

       The Court finds that the defendant is ineligible for a reduction of sentence because, as

explained by the Probation Department, the defendant's original sentence is below the Guideline

range that would result from application of Amendment 821. The Court therefore denies the

defendant's motion.

       The Clerk of Court is requested to terminate the motion at Dkt. 3 3 and to mail a copy of

this order to defendant Gonzalez at the below address:

         Case 1:22-cr-00210-PAE Document 37 Filed 01/31/24 Page 2 of 2




      Juan Carlos Castro Gonzalez
      Reg. No. 76717-509
      FCI Fort Dix
      P.O. Box 2000
      Joint Base MDL, NJ 08640


      SO ORDERED.



                                               PAUL A. ENG ELMA YER
                                               United States District Judge
Dated: Januaty 31, 2024
       New York, New York

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