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 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 status points. (Doc. No. 87).
Part A of the Amendment is retroactive and amended USSG §4A1.1 to limit
the impact of status points on criminal history category. USSG §1B1.10(d),
comment. (n.7). Here, the Court determined the defendant had twenty-six criminal
history points, two of which were status points. (Doc. No. 30: Presentence Report
(PSR) ¶¶ 71-73). The Amendment does not lower his applicable guideline range
because he remains in Criminal History Category VI with twenty-five points. (Doc.
No. 85: Supplement to PSR at 2). Accordingly, he is not eligible for relief. USSG
§1B1.10(a)(2)(B).
IT IS, THEREFORE, ORDERED that the defendant’s motion is DENIED.
USA )
)
v. ) ORDER
)
JOHN LYNN LATTAKER )
)
Signed: September 11, 2024
Case 3:07-cr-00094-MOC-SCR Document 89 Filed 09/11/24 Page 1 of 1