Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:20-CR-00027-RJC-DCK USA )
) v. ) ORDER
) LUIS PINEDA ANCHECTA )
) 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 certain zero-point offenders. (Doc. No. 67).
Part B, Subpart 1 of the Amendment is retroactive and created a two-level decrease if a defendant meets all the criteria in USSG §4C1.1(a). USSG §1B1.10(d), comment. (n.7). The defendant received criminal history points under USSG Chapter 4, Part A. (Doc. No. 46: Presentence Report ¶46). He also used violence, and credible threats of violence, and possessed a dangerous weapon in connection with his kidnapping offense. (Id. at ¶¶23, 36). Accordingly, he is not eligible for relief. USSG § 4C1.1(a)(1), (3), and (7).
IT IS, THEREFORE, ORDERED that the defendant’s motion is DENIED .
Signed: April 8, 2024 Case 3:20-cr-00027-RJC-DCK Document 69 Filed 04/08/24 Page 1 of 1