Opinion
CRIMINAL 2:04-cr-00027-MR-WCM-1
01-15-2024
UNITED STATES OF AMERICA, Plaintiff, v. ROGER DALE CHARLES, II, Defendant.
ORDER
Martin Reidinger, Chief United States District Judge
THIS MATTER is before the Court on the Defendant's “Motion to Modify Sentence” [Doc. 137].
The Defendant moves for a reduction of his sentence pursuant to Part A of Amendment 821 to the United States Sentencing Guidelines. [Doc. 137].
Part A of Amendment 821, effective November 1, 2023, amended U.S.S.G. § 4A1.1 to change the way that criminal history “status points” are assessed for defendants who committed their offense of conviction while under a criminal justice sentence. Here, the Defendant had a total of eighteen (18) criminal history points based on his prior criminal convictions. [Doc. 138 at ¶ 70]. The Defendant was not assessed any status points under § U.S.S.G. § 4A1.1. As such, the Defendant is not eligible for relief under Amendment 821.
IT IS, THEREFORE, ORDERED that the Defendant's “Motion to Modify Sentence” [Doc. 137] is DENIED.
IT IS SO ORDERED.