Order Denying Defendant’s Motion for Sentence Reduction — No. 1:21-cr-00144 (Dkt. 49, E.D. Cal.)

Summary

An order denying defendant Cecilia Navil Aquino's motion for sentence reduction (Doc. 46), filed June 7, 2024 as Document 49 in United States v. Aquino, Case No. 1:21-CR-00144-JLT-SKO, in the U.S. District Court for the Eastern District of California. The order states that Aquino pleaded guilty to one count of mail fraud (18 U.S.C. § 1341) and one count of Aggravated Identity Theft (18 U.S.C. § 1028(a)(1)) and was assigned 17 criminal history points, including two status points, placing her in criminal history category VI. It finds that the Guidelines amendment would reduce her to 16 points, which keeps category VI, so the sentence would not change and the motion is denied.

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“Order Denying Defendant’s Motion for Sentence Reduction — No. 1:21-cr-00144 (Dkt. 49, E.D. Cal.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-denying-defendant-s-motion-for-sentence-reduction-no-1-21-cr-001-fd3ae48bb1/, SHA-256 9e57bb39ae37087d6aaa249582a4da9d63ea286f8c7a4823a21d911f6d00efb7.

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Case 1:21-cr-00144-JLT-SKO Document 49 Filed 06/07/24 Page 1 of 2

8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

11 UNITED STATES OF AMERICA, Case No. 1:21-CR-00144-JLT-SKO
12 Plaintiff, ORDER DENYING DEFENDANT’S
MOTION FOR SENTENCE REDUCTION
13 v.
(Doc. 46)
14 CECILIA NAVIL AQUINO,
15 Defendant.
16

17 Cecilia Navil Aquino seeks a reduction in her sentence based upon the Amendments to
18 the United States Sentencing Guidelines, by noting that she received two “status points” for
19 being on probation at the time she committed the crime at issue. Though it is apparent that under
20 the Amendments Ms. Aquino is entitled to a one-point reduction in her criminal history points,
21 this reduction will not impact her criminal history category. Consequently, because the sentence
22 imposed would not change, her motion is DENIED.
23 I. ANALYSIS
24 Ms. Aquino pleaded guilty to one count of mail fraud (18 U.S.C. § 1341) and one count
25 of Aggravated Identity Theft (18 U.S.C. § 1028(a)(1). (Doc. 35) At the sentencing hearing, the
26 Court determined Ms. Aquino had suffered numerous convictions, which resulted in her being
27 assigned 15 criminal history points. Id. at 14. Because she was under a term of probation at the
28 time she committed the offenses at issue, the Court added two additional points to the total as
1
Case 1:21-cr-00144-JLT-SKO Document 49 Filed 06/07/24 Page 2 of 2

1 indicated by former § 4A1.1(d) of the United States Sentencing Guidelines. Id. According to the

2 Sentencing Table in USSG Chapter 5, Part A, these 17 criminal history points, placed her in a

3 criminal history category VI. Id.

4 As noted by Ms. Aquino, § 4A1.1(e) of the United States Sentencing Guidelines has been

5 amended to allow impose one added status point for those who commit their crimes while under

6 supervision if the defendant has at least seven criminal history points by that time. As noted

7 above, Ms. Aquino had 15 points before status points were added. A defendant is placed in

8 Criminal History Category VI when the defendant has 13 or more criminal history points. Thus,

9 even reducing her status points to a single point, she would still have 16 criminal history points,

10 which continues her in criminal history category VI. Thus, because the Amendment to § 4A1.1€

11 has no impact on her sentence, Ms. Aquino’s motion to reduce her sentence (Doc. 48) is

12 DENIED.

13
IT IS SO ORDERED.
14

15 Dated: June 7, 2024
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