Opinion
16-CR-692-13 (JMF)
01-08-2024
UNITED STATES OF AMERICA v. MARTINS APSKALNS, Defendant.
MEMORANDUM OPINION AND ORDER
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE
On January 3, 2024, Defendant filed a motion, pursuant to 18 U.S.C. § 3582(c)(2), for a reduction of his sentence pursuant to Amendment 821 to the United States Sentencing Guidelines, which went into effect on November 1, 2023, and applies retroactively. See ECF No. 590. A reduction of sentence is not authorized, however, if the amendment at issue “does not have the effect of lowering the defendant's applicable guideline range.” U.S.S.G. § 1.10(a)(2); see 18 U.S.C. § 3582(c)(2). That is the case here. As relevant, Amendment 821 added U.S.S.G. § 4C1.1, which provides a two-point offense level reduction for “zero point offenders.” A defendant does not qualify for that reduction, however, if he received “an adjustment under §3B1.1 (Aggravating Role),” id. § 4C1.1(a)(10), as Defendant did, see PSR ¶ 38. Accordingly, Defendants' motion must be and is DENIED.
This Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Memorandum Opinion and Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
The Clerk of Court is directed to terminate ECF No. 590 and to mail a copy of this Memorandum Opinion and Order to:
Martins Apskalns
Register No. 86434-054FCI Memphis
Federal Correctional Institution
P.O. BOX 34550
Memphis, TN 38184
SO ORDERED.