USA v. Coime-Aguno et al

Middle District of Florida, flmd-8:2017-cr-00119-334672

ORDER denying {{90}} Motion to Reduce Sentence re First Step Act as to Marco Antonio Mero-Hernandez. Defendant is not eligible for a reduction as to Marco Antonio Mero-Hernandez (2). See Order for details. Signed by Judge Elizabeth A. Kovachevich on 8/23/2019. (JM)

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PageID 358 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA, v. CASE NO. 8:17-CR-119-T-17AAS MARCO ANTONIO MERO- HERNANDEZ ORDER This cause is before the Court on: Dkt. 90 Dkt. 95 Dkt. 101 Dkt. 102 Motion to Reduce Sentence Pursuant to First Step Act of 2018 First Step Memorandum Notice Response Defendant Marco Antonio Mero-Hernandez, pro se, seeks a sentence reduction pursuant to the First Step Act. of 2108. Defendant Mero-Hernandez entered into a Plea Agreement. (Dkt. 28). Defendant entered a plea of guilty to Count One of the Indictment, charging a conspiracy to possess with intent to distribute five kilograms or more of cocaine, while on board a vessel subject to the jurisdiction of the United States, in violation of 46 U.S.C. Secs. 70503(a), 70506(a) and (b), and 21 U.S.C. Sec. 960(b)(1)(B)(ii). Defendant Mero-Hernandez was sentenced on October 12, 2017 to a term of imprisonment of 168 months, 60 months supervised release; fine waived, and a special assessment of $100. Count 2 was dismissed on the Government's Motion. PageID 359 The First Step Memorandum indicates that Defendant Mero-Hernandez is not eligible for a sentence reduction because the offense of conviction is not a "covered offense"; in other words, the offense of conviction does not involve crack cocaine. The Federal Defender's Office was appointed to represent Defendant Mero- Hernandez, and has notified Defendant that it will not seek a sentence reduction on behalf of Defendant. The Government opposes Defendant Mero-Hernandez' Motion, arguing that Section 404 of the First Step Act of 2018, which involves the retroactive application of the Fair Sentencing Act, has no effect of Defendant's judgment and sentence. After consideration, for the reasons stated above, the Court denies Defendant Marco Antonio Mero-Hernandez' Motion for Reduction of Sentence. · Accordingly, it is ORDERED that pro se Defendant Marco Antonio Mero-Hernandez Motion for Reduction of Sentence under the First Step Act (Dkt. 90) is denied. PageID 360 Case No. 8:17-CR-119-T-17AAS DONE and ORDERED in Chambers in Tampa, Florida on this 23 day of August, 2019. LIZABETH A KOVACHEVICH United States District Judge Copies to: All parties and counsel of record Pro Se Defendant: Marco Antonio Mero-Hernandez 68500-018 FORT DIX FEDERAL CORRECTIONAL INSTITUTION P. O. Box 2000 Joint Base M.D.L. Fort Dix, NJ 08640