Opinion
93-cr-105-jcs.
May 27, 2009
ORDER
On May 12, 2009 I granted defendant John Schuler, Jr.'s motion for reconsideration but affirmed the denial of his motion pursuant to 18 U.S.C. § 3582 because Amendment 7099, which makes certain changes in U.S.S.G. § 4A1.2(c)(1) and (2) (the guideline governing the calculation of criminal history points for offenses that are consolidated for sentencing) is not retroactive. He now moves for reconsideration of my May 12 order. Defendant's motion must be denied. As I stated previously the Sentencing Commission did not make the change in § 4A1.2(c)(1) and (2) retroactive.
ORDER
IT IS ORDERED that defendant's motion for relief from final judgment, dkt. #78, is DENIED.