govinfo:USCOURTS-ncwd-3_07-cr-00094-7

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

Passage view · GavelSight