United States v. Sierra, 1:11-cr-01032

Lenin Morel, a member of the Bronx Trinitarios Gang, was convicted of racketeering involving murder, attempted murder, and drug trafficking.
In 2014, Morel pled guilty and was sentenced to 262 months in prison, the top of the applicable Sentencing Guidelines range.
In December 2023, the Probation Office found Morel eligible for a potential sentence reduction under Amendment 821, which retroactively altered criminal history calculations.
Morel (through counsel) challenged the original calculation of criminal history points, sought discovery into prior offenses, and filed a second habeas petition under 28 U.S.C. § 2255, later withdrawn.
Morel moved for a reduction of sentence under 18 U.S.C. §§ 3582(c)(1) (compassionate release) and 3582(c)(2) (retroactive Guidelines reduction) in light of Amendment 821, supported by post-sentencing rehabilitation evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Eligibility under § 3582(c)(2) and Amendment 821	Morel is eligible for a reduced Guidelines range and should receive a lower sentence	Government argues the Guidelines reduction does not compel a reduction and seriousness of offense outweighs	Court finds Morel eligible for recalculation but denies reduction based on § 3553(a) factors
Extraordinary & Compelling Reasons for Compassionate Release	Morel’s circumstances and rehabilitation efforts support compassionate release	Government argues no qualifying reason under § 1B1.13(b); disciplinary history undermines rehabilitation	Court finds no extraordinary/compelling grounds; motion denied
Effect of Amendment 821 on Plea Agreement and Original Sentencing	Reduction in criminal history would have led to a lower original sentence	Government argues plea was already lenient; Gov’t would have preserved a high range in negotiations	Court agrees: original sentence not premised on status points, but on gravity of offense
Weight of Post-Sentencing Conduct	Morel’s program participation shows rehabilitation	Government cites serious disciplinary violations in prison	Court finds disciplinary history offsets rehabilitation evidence

Dillon v. United States, 560 U.S. 817 (explains two-step process for sentence modifications under § 3582(c)(2))
Strickland v. Washington, 466 U.S. 668 (sets standard for ineffective assistance of counsel)
United States v. Butler, 970 F.2d 1017 (burden on defendant to prove entitlement to sentence reduction)
United States v. Rivera, 662 F.3d 166 (sentence reductions under retroactive amendments are discretionary, not mandatory)
United States v. Mock, 612 F.3d 133 (applies Dillon's two-step approach in Second Circuit)
United States v. Brooks, 891 F.3d 432 (articulates statutory framework for resentencing under amended Guidelines)