Opinion
3:21-CR-00031-01-JM
02-14-2024
UNITED STATES OF AMERICA v. CODY MURPHY
ORDER
Defendant's Motion to Reduce Sentence (Doc. No. 39) is DENIED.
Applying retroactive Guidelines Amendment 821 reduces Defendant's criminal history score from 11 to 10. However, his criminal history category remains V and his guideline range is unchanged.
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.”).
IT IS SO ORDERED.