Opinion
4:17-CR-00298-BSM-02
04-10-2024
UNITED STATES OF AMERICA PLAINTIFF v. ZACHARY JORDAN DEFENDANT
ORDER
Zachary Jordan's pro se motion to reduce sentence [Doc. No. 721] is denied because the retroactive application of Amendment 821 to the Federal Sentencing Guidelines does not reduce his sentencing range. See U.S.S.G 1.10(a)(2). This is true because his 84-month sentence was based on the statutory penalties of not-less-than 60 months but not-more-than life, not the guideline range. Additionally, Jordan's plea agreement “waive[d] the right to have the sentence modified pursuant to Title 18, United States Code, Section 3582(c)(2) . . . .” Doc. No. 537 at 3. Because Jordan knowingly and voluntarily entered into his plea agreement, he is not entitled to relief. United States v. Cowan, 781 Fed.Appx. 571 (8th Cir. 2019) (affirming dismissal of a § 3582(c)(2) motion when the record established that the defendant knowingly and voluntarily entered the plea agreement).
IT IS SO ORDERED.