`Case 3:10-cr-00435-SCC Document 2913 Filed 12/04/23 Page 1 of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF PUERTO RICO
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`UNITED STATES OF AMERICA,
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`Plaintiff
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`v.
`[37] Carlos E. Rodriguez Milan,
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`Defendant
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`Criminal No. 10-cr-435-37
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`MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
`Re: Amendment 821
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`The below report and recommendation relates to an initial
`determination as to the defendant’s eligibility for a sentencing
`reduction promulgated by the United States Sentencing Commission
`under Part A and Part B, Subpart 1 of Amendment 821 to Policy
`Statement § 1B1.10(d).
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`After careful review of the defendant’s presentence report,
`charging document(s), plea agreement, plea supplement, judgment,
`and statement of reasons, I recommend that:
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`☐ The defendant is not eligible for a sentence reduction based
`on the following factor(s):
`☐ A. The guidelines range that applied in the defendant’s
`case was not determined by U.S.S.G. § 4A1.1(d) or
`defendant’s status as a zero-point offender under
`Chapter 4, Part A.
`☐ B. The defendant does not meet all of conditions
`specified by § 4C1.1. Specifically, one or more of the
`following criteria applies:
`☐ 1) the defendant has criminal history points from
`Chapter Four, Part A;
`☐ 2) the defendant received an adjustment under
`U.S.S.G. § 3A1.4 (Terrorism);
`☐ 3) the defendant used violence or credible threats
`of violence in connection with the offense;
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`Case 3:10-cr-00435-SCC Document 2913 Filed 12/04/23 Page 2 of 3
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`☐ 4) the offense resulted in death or serious bodily
`injury;
`☐ 5) the offense of conviction was a sex offense;
`☐ 6) the defendant personally caused substantial
`financial hardship;
`☐ 7) the defendant possessed, received, purchased,
`transported, transferred, sold, or otherwise
`disposed of a firearm or otherwise dangerous weapon
`(or induced another participant to do so) in
`connection with the offense;
`☐ 8) the offense of conviction was covered by
`U.S.S.G. § 2H1.1 (Offenses Involving Individual
`Rights); or
`☐ 9) the defendant received an adjustment under §
`3A1.1 (Hate Crime Motivation or Vulnerable Victim)
`or § 3A1.5 (Serious Human Rights Offense).
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`☐ C. The application of Amendment 821 Part A and Part B,
`subpart 1 does not have the effect of lowering the
`defendant’s applicable guideline range. See
`§ 1B1.10(a)(2)(B).
`☐ D. The defendant was originally sentenced to a term of
`imprisonment that is less than or equal to the minimum
`of the guideline range as amended by Amendment 821 Part
`A and Part B, subpart 1, and no exception for substantial
`assistance applies. See § 1B1.10(b)(2)(A).
`☐ E. The defendant was sentenced to a statutorily mandated
`minimum imprisonment term. The defendant did not comply
`with the safety valve provisions and did not receive a
`reduction of his or her imprisonment term based on a
`departure for substantial assistance or a Rule 35 motion
`subsequent to the original sentence. See § 1B1.10(c).
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`Since a determination of ineligibility has been made, the
`matter is formally submitted to the presiding District Court Judge.
`Defense counsel, whether retained, appointed, or pro bono, has
`fourteen days to object to the initial assessment of ineligibility.
`After the fourteen day period, and in the absence of an objection
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`Case 3:10-cr-00435-SCC Document 2913 Filed 12/04/23 Page 3 of 3
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`by defense counsel, the presiding District Court Judge may adopt
`the recommendation of the Magistrate Judge and may rule on the
`motion for reduction of sentence.
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`☒ The defendant may be eligible for a sentence reduction and
`therefore the matter is referred to a United States District
`Judge.
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`The presiding judicial officer shall wait for the parties’
`stipulation of a sentence reduction within fourteen days. If no
`stipulation is reached within this period, the presiding judicial
`officer shall wait for the United States Probation Office, defense
`counsel, and the Government’s memoranda, which shall be filed
`within another fourteen days.
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`Reasons: Defendant may be eligible under Amendment 821 Part B,
`Subpart 1 because he was sentenced as a “zero-point offender”
`given his lack of criminal history and his conduct does not appear
`to preclude the application of Amendment 821. Further, Defendant
`is currently serving a 188-month sentence and Amendment 821 would
`lower his guideline range from 188–235 months to 151–188 months.
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`IT IS SO RECOMMENDED.
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`In San Juan, Puerto Rico, this 4th day of December, 2023.
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`s/ Bruce J. McGiverin
`BRUCE J. McGIVERIN
`United States Magistrate Judge
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