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U.S. v. Berrios

Sentence Reduced Under First Step Act to Time-Served Due to Covid-19 in Federal Prison

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MEMORANDUM & ORDER Currently before the Court is Defendant Ismael Berrios’s (“Defendant”) motion for a reduction of his sentence, pursuant to the First Step Act, 18 U.S.C. §3582(c)(l)(A), in light of health concerns surrounding the COVID-19 pandemic. (Mot., ECF No. 60; Reply, ECF No. 63; Def. Sur-Reply, ECF No. 65.) The Government opposes the motion. (Opp., ECF No. 62; Gov’t Sur-Reply, ECF No. 64.) Upon due consideration, the motion is GRANTED. BACKGROUND I. Factual and Procedural History The Court presumes the parties’ familiarity with the facts and procedural history of this case. As relevant here, on June 25, 2004, Defendant waived criminal indictment and, pursuant to a plea agreement with the Government, pled guilty to an Information charging him with conspiring to distribute at least five kilograms or more of cocaine in violation of 21 U.S.C. §§846 and 841(b)(1)(A)(ii)(II). (Min. Entry, ECF No. 18; Waiver, ECF No. 20; Information, ECF No. 17; Plea Agmt., ECF No. 62-1.) On August 6, 2004, the Court granted Defendant’s request for bail and he was released from custody pending sentencing. (Min. Entry, ECF No. 21; Conditions of Release, ECF No. 22.) Before sentencing, on April 26, 2006, Defendant was arrested and officers discovered cocaine on his person and in his vehicle, in violation of the terms of pre-sentencing release. (Presentence Investigation Report (“PSR”) 13.) He was remanded on May 3, 2006. (Id. 49.) Defendant’s offense carried a ten-year statutory minimum and the sentencing guidelines provided a range of 360 months’ to life imprisonment. (PSR

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