Opinion
4:19-CR-00569-BSM
02-16-2024
UNITED STATES OF AMERICA PLAINTIFF v. MONTREAL SURRATT DEFENDANT
ORDER
Montreal Surratt's pro se motion to reduce sentence [Doc. No. 74] is denied because the retroactive application of Amendment 821 to the Federal Sentencing Guidelines does not apply to his case. This is true because he had seven criminal history points, not zero. Additionally, he did not receive “status points.” Finally, Surratt's plea agreement “waive[d] the right to have the sentence modified pursuant to Title 18, United States Code, Section 3582(c)(2) ....” Doc. No. 61 at 3. Because Surratt knowingly and voluntarily entered into his plea agreement, 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