Opinion
4:21-CR-00291-01-JM
02-21-2024
UNITED STATES OF AMERICA v. RICHARD MORALES-RODRIGUEZ
ORDER
Defendant's Motion to Reduce Sentence (Doc. No. 38) is DENIED.
Applying retroactive Guidelines Amendment 821 reduces Defendant's criminal history score from 5 to 3, resulting in a new criminal history category of II. However, his sentence was based on the statutory, mandatory minimum of 60 months, not the Guidelines.
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
Doc. No. 30.
Defendant 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.