govinfo:USCOURTS-ncwd-3_07-cr-00094-10

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

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