Opinion
4:19-CR-00564-BSM
03-26-2024
UNITED STATES OF AMERICA PLAINTIFF v. MONTERRIO FULLER DEFENDANT
ORDER
Monterrio Fuller's pro se motion to reduce his sentence [Doc. No. 417] is denied because the retroactive application of Amendment 821 to the Federal Sentencing Guidelines does not reduce his sentencing range. This is true because Fuller is ineligible from benefitting from the zero-point reduction because he possessed a firearm in connection with the offense. See U.S.S.G. § 4C1.1(a)(7). Additionally, Fuller's plea agreement “waive[d] the right to have the sentence modified pursuant to Title 18, United States Code, Section 3582(c)(2) ....” Doc. No. 293 at 3. Because Fuller knowingly and voluntarily entered into his plea agreement, he is not entitled to relief. See United States v. Cowan, 781 Fed.Appx. 571, 571-72 (8th Cir. 2019) (per curiam) (affirming dismissal of a § 3582(c)(2) motion when the record established that the defendant knowingly and voluntarily entered the plea agreement).
IT IS SO ORDERED