Opinion
4:18-CR-00208-01-BRW
11-21-2023
UNITED STATES OF AMERICA v. CEDARIUS JOYNER
ORDER
BILLY ROY WILSON, UNITED STATES DISTRICT JUDGE.
Defendant's Motion to Reduce Sentence and Appoint Counsel (Doc. No. 77) is DENIED.
Applying retroactive guideline Amendment 821 reduces Defendant's criminal history score from 9 to 8. However, his criminal history category remains IV, which means his guideline range has not changed.
See U.S.S.G 1.10 (a)(2) (“Exclusions.-A reduction in the defendant's term of imprisonment is not consistent with this policy statement and therefore is not authorized under 18 U.S.C. § 3582(c)(2) if- . . . an amendment listed in subsection (d) does not have the effect of lowering the defendant's applicable guideline range.”).
As to simple possession of marijuana, that change appears in Part C, which is not retroactive.
IT IS SO ORDERED.