Opinion
4:20-CR-00181-01-LPR
03-11-2024
UNITED STATES OF AMERICA PLAINTIFF v. DONIVAN RAMELL MITCHELL DEFENDANT
ORDER
LEE P. RUDOFSKY, UNITED STATES DISTRICT JUDGE
Defendant's Motion to Reduce Sentence (Doc. 32) is DENIED.
Applying retroactive Guidelines Amendment 821 does not change Defendant's applicable guideline range. Although his criminal history score goes from 12 to 11, his criminal history category and sentencing range remain the same.
See U.S.S.G 1.10 (a)(2) (“Exclusions.-A reduction in the defendant's term of imprisonment is not consistent with this policy statement and therefore is not authorized under 18 U.s.C. § 3582(c)(2) if- . . . an amendment listed in subsection (d) does not have the effect of lowering the defendant's applicable guideline range.”).
Additionally, 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. 24.
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