Opinion
3:16-CR-00227-RJC-DCK
02-28-2024
USA v. DETREZ LAMAR TIMMONS (3)
ORDER
Robert J. Conrad, Jr. United States District Judge
THIS MATTER is before the Court upon motion of the defendant pro se for a reduction of sentence based on Amendment 821 to the United States Sentencing Guidelines relating to certain zero-point offenders. (Doc. No. 92).
Part B, Subpart 1 of the Amendment is retroactive and created a two-level decrease if a defendant meets all the criteria in USSG §4C1.1(a). USSG §1B1.10(d), comment. (n.7). Here, the defendant was assessed one criminal history point for an assault in 2014. (Doc. No. 61: Presentence Report ¶ 66). Accordingly, he is not eligible for relief. USSG § 4C1.1(a)(1).
IT IS, THEREFORE, ORDERED that the defendant's motion is DENIED.