Opinion
3:21-CR-00271-RJC-DCK
07-02-2024
USA v. WILLIAM KIVETT SLACK (1)
ORDER
Robert J. Conrad, Jr., United States District Judge
THIS MATTER is before the Court upon motion of the defendant pro se for a reduction of sentence based on Amendment 821 to the United States Sentencing Guidelines relating to certain zero-point offenders. (Doc. No. 48).
Part B, Subpart 1 of the Amendment is retroactive and created a two-level decrease if a defendant meets all the criteria in USSG §4C1.1(a). USSG §1B1.10(d), comment. (n.7). Here, the defendant was convicted of a sex offense. (Doc. No. 46: Judgment at 1). Accordingly, he is not eligible for relief. USSG § 4C1.1(a)(5).
The defendant's reliance on United States v. Majeroni, No. 2:13-cr-37, 2024 WL 326783 (D. Me. Jan. 29, 2024) and United States v. Dunston, No. 1:15-cr-162, 2024 WL 709363 (D. Me. Feb. 21, 2024), is misplaced. Each of those cases involved reductions based on status points under USSG §4A1.1(e), which are not limited by USSG §4C1.1.
IT IS, THEREFORE, ORDERED that the defendant's motion is DENIED.