Opinion
4:21-CR-00168-02-LPR
03-19-2024
UNITED STATES OF AMERICA PLAINTIFF v. ELMER BELL DEFENDANT
ORDER
LEE P.RUDOIFSKY' UNITED STATES DISTRICT JUDGE
Defendant's Motion to Reduce Sentence (Doc. 109) is DENIED.
Defendant did not receive “status points” at sentencing, so retroactive guideline Amendment 821 does not change his guideline range.
Additionally, 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. 88.
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.