govinfo:USCOURTS-ncwd-3_07-cr-00094-11

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 another motion of the defendant pro 
se for reconsideration. (Doc. No. 93).  The Court previously denied of his motion for 
a sentence reduction under Amendment 821, (Doc. No. 89: Order), and his motion to 
reconsider that denial, (Doc. No. 92: Amended Order),  
In the instant motion, the defendant claims he is entitled to “a plenary re-
sentence” pursuant to Concepcion v. United States, 142 S. Ct. 2389 (2022).  In that 
case, the Supreme Court held that district courts may consider intervening changes 
in the law in exercising their discretion to reduce sentences for certain crack cocaine 
offenses pursuant to the First Step Act. Id. at 2396, 2404.  Here, the defendant was 
convicted of robbery and firearms charges and has not shown he is eligible for a 
sentence reduction.  Accordingly, Concepcion does not alter  the Court’s ruling.     
IT IS, THEREFORE, ORDERED that the defendant’s motion, (Doc. No. 93), 
is DISMISSED.  The Clerk is directed to certify copies of this Order to the 
defendant and the United States Attorney.  
USA ) 
) 
v. ) ORDER 
) 
JOHN LYNN LATTAKER ) 
) 
Signed: January 6, 2025
Case 3:07-cr-00094-MOC-SCR     Document 97     Filed 01/06/25     Page 1 of 1

Passage view · GavelSight