Full title: THE UNITED STATES OF AMERICA, Plaintiff, v. AMANDA OCHOA, Defendant
Court: United States District Court, S.D. Texas, Corpus Christi Division
Date published: Feb 24, 2009
Facts
Pending before the Court is Defendant Amanda Ochoa’s (“Ochoa”) Motion for Modification or Reduction of Sentence (Dkt. No. 54), wherein Ochoa contends that, because of an amendment to the United States Sentencing Guidelines (“U.S.S.G.” or “the Guidelines”), her criminal history level — and thereby her sentence — should be modified. Specifically, Ochoa argues that Amendment 709 justifies a reduction of her sentence. Ochoa additionally argues that the Supreme Court’s classification of the Guidelines as advisory in United States v. Booker, 543 U.S. 220 (2005), allows the Court to consider the factors set forth in 18 U.S.C. § 3553(a) when recalculating her sentence.
Issue
Decision
Based on the foregoing, Ochoa has not demonstrated that she is entitled to relief under an amendment that has been made retroactive under the Sentencing Guidelines or that she is otherwise entitled to a reduction of her sentence. Accordingly, Ochoa’s Motion for Modification or Reduction of Sentence (Dkt. No. 54) is DENIED.
It is so ORDERED.
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