Opinion
2:22-CR-00003-01-LPR
11-22-2023
UNITED STATES OF AMERICA PLAINTIFF v. TYLER JACOB PAULMAN DEFENDANT
ORDER
LEE P. RUDOFSKY, UNITED STATES DISTRICT JUDGE
Defendant's Motion to Reduce Sentence (Doc. 34) is DENIED.
Defendant asserts that he is entitled to a sentence reduction based on guideline Amendment 821's retroactive changes to “status points.” However, Defendant's plea agreement provides that he “waives the right to have these sentence modified pursuant to Title 18, United States Code, Section 3582(c)(2) ....” Because Defendant knowingly and voluntarily entered into his plea agreement, including this waiver, he is not entitled to relief.
Doc. 25.
United States v. Cowan, 781 Fed.Appx. 571 (8th Cir. 2019) (affirming dismissal of a § 3582 (c)(2) motion when the record establish that the defendant knowingly and voluntarily entered the plea agreement).
IT IS SO ORDERED.