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`Case 3:09-cr-01250-W Document 310 Filed 12/12/24 PageID.2045 Page 1 of 2
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`UNITED STATES OF AMERICA,
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`v.
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`DYWANE TOUSANT,
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`Plaintiff,
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`Defendant.
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` Case No.: 09-CR-1250 W
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`ORDER DENYING MOTION TO
`REDUCE SENTENCE UNDER 18
`U.S.C. § 3582(c)(1)(A) [DOC. 306]
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`On June 2, 2010, this Court sentenced Defendant Dywane Tousant to the
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`mandatory minimum term of 120 months in prison for Sex Trafficking of Children in
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`violation of 18 U.S.C. §§ 1591(a)(b) & 2, fifteen months concurrent with his state court
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`sentence in case SCS 2255068 and 105 months consecutive [Doc. 126].
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`Defendant now moves for a reduction in sentence pursuant to 18 U.S.C. §
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`3582(c)(1)(A), alleging that the length of his sentence should be considered an
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`extraordinary and compelling reason for sentence reduction based upon United States
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`Sentencing Guideline §1B1.13(b)(6). This section states that “unusually long sentences
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`qualify as an extraordinary and compelling reason for reduction of sentence.”
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`1
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`09-CR-1250 W
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`Case 3:09-cr-01250-W Document 310 Filed 12/12/24 PageID.2046 Page 2 of 2
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`To qualify for relief pursuant to that Guideline section, a defendant “must have
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`served at least 10 years of his term.” Defendant combines his state prison term served
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`with his federal term served and states he has served over 16 years in custody. The
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`Federal Sentencing Guidelines apply to his federal case not his state case. Defendant has
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`not served “at least 10 years” of his federal sentence, therefore, he is not eligible for relief
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`under the Federal Guidelines.
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`Defendant’s motion for reduction of sentence is DENIED.
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`IT IS SO ORDERED.
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`Dated: December 12, 2024
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`09-CR-1250 W
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