United States of America v. Shakira Martinez

Wilmington, Delaware criminal defense lawyer represented the Defendant charged with drug trafficking.



A jury in the District of Delaware convicted Shakira Martinez of numerous money laundering offenses related to her involvement in a drug trafficking operation run by her husband and co-defendant Omar Morales Colon. The District Court sentenced Martinez to 108 months of imprisonment. After the sentencing, the United States Sentencing Commission enacted a retroactive amendment to the United States Sentencing Guidelines ("U.S.S.G.” or "Guidelines”) allowing certain offenders with no criminal history a two-point reduction in total offense level. Martinez argues that our general appellate authority under 28 U.S.C. § 2106 permits us to vacate her sentence and remand the matter for resentencing in light of the retroactive Guidelines amendment. We agree and hold that when a defendant is entitled to seek the benefit of a retroactive Guidelines provision by filing a motion for a reduction in sentence under 18 U.S.C. § 3582(c)(2), our Court may, in an exercise of its discretionary authority under § 2106, vacate the defendant's sentence and remand for resentencing in light of the retroactive amendment. Because granting relief in this case promotes judicial economy and serves the interest of justice, we will vacate Martinez's sentence and remand so that the District Court may resentence her in a manner consistent with the retroactive Guidelines amendment.



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Martinez’s sentence and remand with instructions that she be resentenced in a manner consistent with U.S.S.G. § 4C1.1 and U.S.S.G. § 1B1.10(b).