Opinion
4:19-CR-00399-01-LPR
11-22-2023
UNITED STATES OF AMERICA PLAINTIFF v. OZZIE DE'ANDRE BROWN DEFENDANT
ORDER
LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE
Defendant's Motion to Reduce Sentence (Doc. 29) is DENIED.
First, Defendant argues that none of his prior convictions were crimes of violence. To the contrary, Defendant had a prior conviction for robbery in Arkansas, which the Eighth Circuit has held is a crime of violence.
United States v. Smith, 928 F.3d 714, 717 (8th Cir. 2019) (holding that “both Arkansas robbery and Arkansas aggravated robbery are crimes of violence.”).
Second, Defendant asserts that he is entitled to a sentence reduction based on guideline Amendment 821's retroactive changes to “status points.” Applying Amendment 821, Defendant's criminal history score goes from 12 to 11. However, his criminal history category remains V, which means his guideline range is the same.
IT IS SO ORDERED.