4:21-cr-00127•USA v. Burch
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1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION UNITED STATES OF AMERICA VS No. 4:21-CR-00127-JM CODY BURCH ORDER Defendant’s motion to reduce sentence (Doc. No. 41) is DENIED. Defendant is not eligible for a sentence reduction because Amendment 821 does not reduce his criminal history category or guideline range.1 Although Defendant’s criminal history score lowers to 23, his criminal history category remains VI. Additionally, Defendant’s plea agreement “waive[d] the right to have the sentence modified pursuant to Title 18, United States Code, Section 3582(c)(2) . . . .” 2 Because Defendant knowingly and voluntarily entered into his plea agreement, including this waiver, he is not entitled to relief.3 IT IS SO ORDERED this 2 nd day of December, 2025. _______________________________ UNITED STATES DISTRICT JUDGE 1 See U.S.S.G 1.10 (a)(2) (“Exclusions.—A reduction in the defendant’s term of imprisonment is not consistent with this policy statement and therefore is not authorized under 18 U.S.C. § 3582(c)(2) if— . . . an amendment listed in subsection (d) does not have the effect of lowering the defendant’s applicable guideline range.”). 2 Doc. No. 33. 3 United States v. Cowan, 781 F. App’x 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). Case 4:21-cr-00127-JM Document 42 Filed 12/02/25 Page 1 of 1
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