Opinion
CRIMINAL 19-125
04-25-2024
UNITED STATES OF AMERICA v. SEAN ZACHARY HORTON, Defendant.
MEMORANDUM OPINION
Cathy Bissoon United States District Judge
Defendant's Motion (Doc. 91) for a reduction in sentence under Amendment 821 will be denied. At Sentencing, 16 criminal history points were assessed, 14 points based on prior convictions and 2 additional “status points” - resulting in a criminal history category of VI.
Pursuant to Amendment 821, Defendant's 2 status points would be reduced to 1. His adjusted number of criminal history points, then, is 15. This comfortably remains within criminal history category VI, which applies to defendants with a criminal history score of 13 or higher. Defendant is ineligible for relief. See, e.g., U.S. v. Banks, 2024 WL 919835, *2 (E.D. Pa. Mar. 4, 2024) (holding same, where criminal history category was unchanged).
For these reasons, Defendant's Motion (Doc. 91) will be DENIED. An order will be filed herewith. cc (via ECF email notification):
The Court will file form-order AO 247, titled, “Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2).” The document is used to facilitate the Sentencing Commission's collection and reporting of data regarding motions filed pursuant to Amendment 821. The second page of the two page form-order is not intended for public disclosure. Accordingly, the Court will transmit to Defendant this Memorandum Opinion and page 1 of form-Order AO 247, but not page 2. Importantly, the information supplied on page 2 - a statement of reasons for the Court's decision - are identical to the contents of this Memorandum Opinion. No information has been withheld.
All Counsel of Record
cc (via First-Class U.S. Mail):
Sean Zachary Horton
39491-068
USP Big Sandy
P.O. Box 2068
Inez, KY 41224