Opinion
4:17-CR-00313-BSM-03
03-29-2024
UNITED STATES OF AMERICA PLAINTIFF v. ALAN JIMENEZ-TORRES DEFENDANT
ORDER
Alan Jimenez-Torres's motion to reduce his sentence and appoint counsel [Doc. No. 1116] is denied because Amendment 821 to the Federal Sentencing Guidelines does not apply to his case. Jimenez-Torres did not receive “status points.” Also, the “zero points” reduction does not apply, since he has three criminal history points, not zero. Finally, Jimenez-Torres's plea agreement “waive[d] the right to have these sentence modified pursuant to Title 18, United States Code, Section 3582(c)(2) ....” Doc. No. 956 at 3. Because Jimenez-Torres knowingly and voluntarily entered into his plea agreement, including this waiver, he is not entitled to relief. 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).
IT IS SO ORDERED