Opinion
4:22-CR-00125-01-JM
03-01-2024
UNITED STATES OF AMERICA v. JOEY WAYNE HIGGINS
ORDER
BILLY ROY WILSON UNITED STATES DISTRICT JUDGE
Defendant's Motion to Reduce Sentence (Doc. No. 31) is DENIED.
Defendant's plea agreement provides that he “waives 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. No. 22.
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).
Additionally, Defendant is disqualified from benefiting from the zero-point reduction based on U.S.S.G. § 4C1.1(a)(5).
IT IS SO ORDERED.