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`Case 3:10-cr-03173-H Document 288 Filed 01/08/24 PageID.2434 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
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` Case No.: 10-cr-03173-H-1
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`ORDER GRANTING THE PARTIES’
`JOINT MOTION FOR SENTENCE
`REDUCTION PURSUANT TO 18
`U.S.C. § 3582(c) AND U.S.S.G.
`AMENDMENT 821
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`[Doc. No. 287.]
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`UNITED STATES OF AMERICA,
`Plaintiff,
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`v.
`JULIAN MONDRAGON-HERNANDEZ
`(1),
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`Defendant.
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`
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`On August 5, 2010, the Government filed an indictment charging Defendant Julian
`Mondragon-Hernandez, among others, with a single count of conspiracy to possess with
`intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. (Doc. No. 1.)
`On April 13, 2011, the Government filed a six-count superseding indictment charging
`Defendant in count 1 with conspiracy to possess with intent to distribute cocaine, in
`violation of 21 U.S.C. §§ 841(a)(1) and 846, and criminal forfeiture, in violation of 18
`U.S.C. § 924(d) and 28 U.S.C. § 2461(c); in count 2 with conspiracy to affect commerce
`by robbery and extortion, in violation of 18 U.S.C. § 1951(a); in count 3 with possession
`of a firearm in furtherance of a crime of violence and a drug trafficking offense in violation
`of 18 U.S.C. § 924(c)(1)(i) and aiding and abetting in violation of 18 U.S.C. § 2; and in
`count 4 with illegal alien in possession of a firearm in violation of 18 U.S.C. §§
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`Case 3:10-cr-03173-H Document 288 Filed 01/08/24 PageID.2435 Page 2 of 3
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`922(g)(5)(A) and 924(a)(2). (Doc. No. 51.)
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`Defendant proceeded to a jury trial. On November 17, 2011, a jury returned a verdict
`finding Defendant guilty of all four counts charged against him in the superseding
`indictment. (Doc. Nos. 97, 103.)
`The Court held a sentencing hearing on June 14, 2012. (Doc. Nos. 163, 185.) At
`sentencing, the Court calculated Defendant’s total combined adjusted offense level for
`counts 1, 2, and 4 as level 34 and his criminal history category as II, resulting in an advisory
`guidelines range of 168-210 months. (Doc. No. 185 at 24.) After considering the § 3553(a)
`factors, the Court sentenced Defendant to 168 months in custody for counts 1 and 2 and
`120 months in custody for count 4 with counts 1, 2 and 4 to run concurrently and to the
`mandatory 60 months in custody for count 3 to run consecutive to the other counts,
`resulting in a total custodial sentence of 228 months. (Id. at 25, 31.) The Court entered a
`judgment on June 18, 2012. (Doc. No. 168.)
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`On June 20, 2012, Defendant appealed his conviction and sentence. (Doc. No. 169.)
`On November 27, 2013, the Ninth Circuit affirmed Defendant’s conviction and sentence.
`(Doc. No. 208.)
`On January 2, 2024, the parties filed a joint motion under General Order 755 for a
`sentence reduction pursuant to 18 U.S.C. § 3582(c) and U.S.S.G. Amendment 821 (2023).
`(Doc. No. 287.) In the joint motion, the parties request that Defendant’s sentence as to
`Counts 1 and 2 be reduced from 168 months to 151 months.1 (Id.) The parties have
`supported their request with a sentencing summary chart recalculating Defendant’s
`guidelines under Amendment 821 and U.S.S.G. § 1B1.10. (Id.)
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`In the joint motion, the parties clarify that they request that all other sentencing
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`decision remain the same. (Doc. No. 287.)
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`Case 3:10-cr-03173-H Document 288 Filed 01/08/24 PageID.2436 Page 3 of 3
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`MARILYN L. HUFF, District Judge
`UNITED STATES DISTRICT COURT
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`For good cause shown, the Court grants the parties’ joint motion. The Court reduces
`Defendant Mondragon-Hernandez’s sentence as to Counts 1 and 2 to 151 months in
`custody. The Court will issue an amended judgment reflecting the new sentence.
`IT IS SO ORDERED.
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`DATED: January 8, 2024
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