United States v. Powe

MCGLYNN, DISTRICT JUDGE:

MEMORANDUM AND ORDER

MCGLYNN, DISTRICT JUDGE:

This matter comes before the Court on Defendant Sunny L. Powe's pro se Motion for Sentence Reduction pursuant to 18 U.S.C. § 3582(c) and the United States Sentencing Guidelines Manual § 1B1.10 [hereinafter Sentencing Guidelines], making Amendment 821 retroactive (Doc. 150).

On February 7, 2024, Assistant Federal Public Defender Todd M. Schultz was appointed to represent Defendant Powe pursuant to Administrative Order 362. (See Doc. 153). On February 23, 2024, Attorney Schultz filed a Motion to Withdraw as Attorney because he could “discern no non-frivolous basis for seeking relief for Defendant.” (Doc. 155, p. 2). The United States Probation Office completed a worksheet on Defendant Powe indicating that she does not qualify for a sentence reduction pursuant to Amendment 821. (See Doc. 155). Notably, she did not receive any status points and is not a zero-point offender, categorically precluding her from relief under Amendment 821. (See Doc. 155, p. 1 (citing Doc. 105, ¶ 55)); Sentencing Guidelines § 4C1.1(a)(1).

Accordingly, Defendant Powe's pro se Motion for Sentence Reduction pursuant to Amendment 821 (Doc. 150) is DENIED. Attorney Schultz's Motion to Withdraw as Attorney (Doc. 155) is GRANTED.

IT IS SO ORDERED .