Opinion
4:20-CR-00052-01-LPR
02-27-2024
UNITED STATES OF AMERICA PLAINTIFF v. BARRY GLYNN MURPHY DEFENDANT
ORDER
LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE
Defendant's Motion to Reduce Sentence (Doc. 68) is DENIED.
Applying retroactive Guidelines Amendment 821 does not change Defendant's applicable guideline range. Although his criminal history score goes from 15 to 14, 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.”).
IT IS SO ORDERED