Memorandum Opinion and Order — United States v. James Pratt, No. 5:22-cr-00106 (S.D. W. Va., Document 98)

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A Memorandum Opinion and Order, Document 98, filed 03/19/24, Case 5:22-cr-00106, United States of America v. James Pratt, Southern District of West Virginia. It addresses Mr. Pratt's pro se Motion for Reduction of Sentence Under 18 U.S.C. § 3582(c)(2) and Appointment of Counsel [ECF 94], filed January 31, 2024, which relies on retroactive Guideline Amendment 821. The Court states that Mr. Pratt was sentenced on June 2, 2023 to fifty-seven months imprisonment after pleading guilty to being a felon in possession of a firearm, and that under Amendment 821 his total of criminal history points would fall from nine to eight but he would remain in criminal history category IV and the same guideline range. The Court denies the motion and denies as moot the request for appointment of counsel.

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     Case 5:22-cr-00106 Document 98 Filed 03/19/24 Page 1 of 3 PageID #: 312




                        UNITED STATES DISTRICT COURT
                 FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

                                          AT BECKLEY


UNITED STATES OF AMERICA


v.                                                     CRIMINAL ACTION NO. 5:22-cr-106


JAMES PRATT

                          MEMORANDUM OPINION AND ORDER

               Pending is Defendant James Pratt’s pro se Motion for Reduction of Sentence Under

18 U.S.C. § 3582(c)(2) and Appointment of Counsel [ECF 94], filed January 31, 2024.


                                                  I.


               Mr. Pratt is seeking a sentence reduction based on retroactive Guideline

Amendment 821 and the appointment of counsel to assist him with the same. On June 2, 2023, Mr.

Pratt was sentenced to fifty-seven months imprisonment, followed by a three-year term of

supervised release after pleading guilty to being a felon in possession of a firearm, in violation of

18 U.S.C. §§ 922(g)(1) and 924(a)(2). Mr. Pratt has a projected release date of November 30, 2027.

               On November 1, 2023, a multi-part criminal history amendment designated as

Amendment 821 in Appendix C to the Guidelines Manual became effective. Part A of the

amendment addresses status points. It decreases them by one for individuals with seven or more

criminal history points. It additionally eliminates status points for those with six or fewer criminal

history points. Subpart 1 of Part B creates a new §4C1.1 Guideline that provides a two-level
    Case 5:22-cr-00106 Document 98 Filed 03/19/24 Page 2 of 3 PageID #: 313




decrease for “Zero-Point Offenders” (those with no criminal history points) whose offense did not

involve specified aggravating factors. Parts A and B, subpart 1, both apply retroactively.

               At sentencing, Mr. Pratt was assessed seven criminal history points, in addition to

two status points inasmuch as he committed the instant offense while serving a criminal justice

sentence. A total of nine criminal history points placed Mr. Pratt in a criminal history category of

IV. Based on a total offense level of twenty-one and a criminal history category of IV, Mr. Pratt

was subject to a guideline imprisonment range of 57 to 71 months. After consideration of the

applicable § 3553(a) factors, the Court sentenced Mr. Pratt at the bottom of his applicable guideline

range to fifty-seven months.

               Given the retroactive application of Amendment 821, if sentenced today, Mr. Pratt

would receive a one-point reduction in status points for a total of eight criminal history points

inasmuch as he (1) has seven or more criminal history points, and (2) committed the instant offense

while serving a criminal justice sentence. See U.S.S.G. § 4A1.1(e). Importantly, however, a total

of eight criminal history points does not reduce his criminal history category. Instead, with a total

of eight criminal history points as opposed to nine, he remains in a criminal history category of IV.

The one-point status point reduction thus does not alter his original guideline imprisonment range

of 57-71 months. Accordingly, pursuant to U.S.S.G. § 1B1.10(a)(2)(B), Mr. Pratt is ineligible for

a sentence reduction under Amendment 821 inasmuch as the amendment does not have the effect

of lowering his applicable guideline range.




                                                 2
    Case 5:22-cr-00106 Document 98 Filed 03/19/24 Page 3 of 3 PageID #: 314




                                              II.


               Based on the foregoing, the Court DENIES Mr. Pratt’s Motion for Reduction of

Sentence Under 18 U.S.C. § 3582(c)(2) [ECF 94] and DENIES AS MOOT his request for

appointment of counsel contained therein.

               The Clerk is directed to send a copy of this written opinion and order to the

Defendant and counsel, to the United States Attorney, to the United States Probation Office, and

to the Office of the United States Marshal.

                                                    ENTER:        MARCH 19, 2024




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