Opinion
CRIMINAL ACTION 2:20-00163
07-03-2024
UNITED STATES OF AMERICA v. CLIFFORD GRIFFIN
MEMORANDUM OPINION AND JUDGMENT ORDER
JOHN T. COPENHAVER JR. SENIOR UNITED STATES DISTRICT JUDGE
Pursuant to this court's Standing Order Adopting Procedures for Petitions Seeking Retroactive Application of the 2023 Criminal History Amendments, entered on October 31, 2023, the court instituted review of the sentence in this matter upon its own motion to determine if the defendant is eligible for a reduction in his sentenced based on 18 U.S.C. § 3582(c)(2) and a subsequent reduction in the applicable sentencing guideline.
On November 1, 2023, a multi-part criminal history amendment designated as Amendment 821 in Appendix C to the Guidelines Manual became effective. Part A of the amendment addresses status points (additional criminal history points added for having committed the instant offense while under a criminal justice sentence), decreasing them by one point for individuals with seven or more criminal history points (excluding status points) and eliminating status points for those with six or fewer criminal history points. Subpart 1 of Part B creates a new §4C1.1 guideline that provides a decrease of two offense levels for “Zero-Point Offenders” (those with no criminal history points) whose offense did not involve specified aggravating factors. Parts A and B, subpart 1 of the criminal history amendment both have retroactive effect.
Inasmuch as the court, when sentencing the defendant herein on October 4, 2021, did not apply any additional criminal history points for having committed the instant offense while under a criminal justice sentence, and therefore the defendant was not assessed any status points (rather his Criminal History Category of III is based on five criminal history points for prior convictions), and inasmuch as the defendant's five criminal history points indicates he is not a Zero-Point offender, the defendant is ineligible for a sentence reduction, and the sentence imposed on October 4, 2021, and set forth in the Judgment Order entered on October 20, 2021, remains in effect.
The Court DIRECTS the Clerk to send a copy of this Order to Defendant, the United States Attorney, the United States Probation Office, and the United States Marshals.