1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28        13        JAD-VCF, 2020 WL 2773477, at *2 (D. Nev. May 28, 2020);Shayota, 2020 WL 2733993 at *5;  18 U.S.C. § 3553(a).  Moreover, reducing defendant Garcia’s custodial sentence to one of approximately 40  months may result in unwarranted sentence disparities among his co-defendants. Neither  defendant Garcia nor the government address this factor, but the court notes that co-defendant  Patrick Shaun Burriel—who sold methamphetamine at defendant Garcia’s direction—had a total  offense level of 29 and criminal history category of V, resulting in an advisory sentencing  guideline range calling for a term of imprisonment of between 140 and 175 months, and was  sentenced to a 78-month term of imprisonment. (Doc. Nos. 79 at 17; 93 at 2.) Co-defendant  Michelle Madewell—who also sold methamphetamine at defendant Garcia’s direction—is  scheduled to be sentenced by the court in December 2021, but the U.S. Probation Office’s final  presentence report has concluded that her total offense level was 25 and her criminal history  category was VI, resulting in a guideline range calling for a term of imprisonment of between 110  to 137 months, though the probation officer in her case has recommended an 87-month term of  imprisonment. (Doc. No. 100 at 20, 25.) Although the court has not yet sentenced co-defendant  Madewell, there remains a significant possibility that she will ultimately be sentenced to a term of  imprisonment longer than the 40 months that defendant Garcia has served to date.  Thus, on balance, the court finds that granting defendant’s motion and reducing his  sentence to time served would not be consistent with the § 3553(a) sentencing factors.  CONCLUSION  Because defendant Garcia has failed to demonstrate that “extraordinary and compelling”  reasons exist justifying a reduction of his sentence under 18 U.S.C. § 3582(c)(1)(A) or that such a  reduction at this time would be consistent with the sentencing factors set forth in 18 U.S.C.  § 3553(a), his motion for compassionate release (Doc. No. 165) is denied.  IT IS SO ORDERED.    Dated:  October 30, 2021        UNITED STATES DISTRICT JUDGE    Case 1:18-cr-00126-DAD-BAM Document 194 Filed 11/01/21 Page 13 of 13