Opinion
3:07-CR-00195-RJC
01-03-2024
USA v. ALEJANDRO VILLAREAL (4)
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. 257).
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 received an aggravated role adjustment. (Doc. No. 140: Presentence Report ¶¶32, 38). Accordingly, he is not eligible for relief. USSG § 4C1.1(a)(10).
IT IS, THEREFORE, ORDERED that the defendant's motion is DENIED.