United States v. Morgan

KURT D. ENGELHARDT United States District Judge

ORDER & REASONS

Before the Court is Defendant, Maxon Morgan's "Motion for Reduction of Sentence Pursuant to Retroactive Amendment 794" (Rec. Doc. 526). Regarding Amendment 794, this District Court has previously held:

Courts may modify a sentence with a 18 U.S.C. § 3582(c)(2) motion only if the guideline range was lowered by an amendment listed in U.S.S.G § 1B1.10(d). U.S. SENTENCING GUIDELINES § 1B1.10(a)(1). If an amendment to the United States Sentencing Guidelines is not listed in § 1B1.10(d), then such a reduction 'is not authorized under 18 U.S.C. § 3582(c)(2).' Id. at § 1B1.10(a)(2). Amendment 794 is not listed in U.S.S.G § 1B1.10(d). As such, the Amendment cannot be retroactively applied under § 3582(c)(2) to Defendant . . . .

United States v. Minjarez, Crim. A. No. 14-172, 2017 WL 1064945, at *1 (E.D. La. Mar. 3, 2017) (J. Lemelle).

Accordingly;

IT IS ORDERED that the Motion is DENIED.

New Orleans, Louisiana, this 3rd day of July 2017.

/s/ _________

KURT D. ENGELHARDT

United States District Judge