USA v. Lattaker

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:07-CR-00094-RJC-SCR
THIS MATTER comes before the Court on the defendant’s pro se Motion to
Modify Sentence, pursuant to 18 U.S.C. § 3582(c)(2). (Doc. No. 94).
Title 18, United States Code, Section 3582(c)(2) allows a court to reduce a
sentence based on a guideline range that has been subsequently lowered by the
Sentencing Commission if consistent with its policy statements. Here, the
defendant relies on Amendment 829, (Doc. No. 94: Motion at 2), which is not
designated as retroactive by the Commission in its policy statement, USSG
§1B1.10(a)(1), (d) (2024). Thus, he is not entitled to relief.
IT IS, THEREFORE, ORDERED that the defendant’s Motion to Modify
Sentence, (Doc. No. 94), is DENIED.
USA )
)
v. ) ORDER
)
JOHN LYNN LATTAKER )
)
Signed: December 2, 2024
Case 3:07-cr-00094-MOC-SCR Document 96 Filed 12/02/24 Page 1 of 1