Opinion
4:21-CR-00267-01-LPR
02-05-2024
UNITED STATES OF AMERICA PLAINTIFF v. TASHA WADE DEFENDANT
ORDER
LEE P. RDOFSKY, UNITED STATES DISTRICT JUDGE.
Defendant's Motion to Reduce Sentence (Doc. 44) is DENIED.
First, Defendant is disqualified from benefiting from the zero-point reduction because she stole over $475,000 from her employer, “personally caus[ing] substantial financial hardship.”
See U.S.S.G. § 4C1.1(a)(6) (excluding defendants who “personally cause substantial financial hardship” from receiving a sentence reduction).
Second, Defendant's plea agreement “waive[d] 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 her plea agreement, including this waiver, she is not entitled to relief.
Doc. No. 15.
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.