Opinion
4:17-CR-00137-02-JM
08-20-2024
UNITED STATES OF AMERICA v. TIMOTHY PEEL
ORDER
Defendant's Motion to Reduce Sentence (Doc. No. 192) is DENIED.
Guidelines Amendment 821 reduces Defendant's criminal history score from 11 to 10. However, his criminal history category remains V and his guideline range is unchanged.
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.”).
Defendant's assertion that his conviction for simple possession of marijuana no longer counts toward his criminal history is without merit because Part C of Amendment 821 is not retroactive. See U.S.S.G. § 1B.1.10(d).
Finally, Defendant's plea agreement “waive[d] the right to have the 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. No. 99.
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