`Case 2:09-cr-00222-HDM-PAL Document 245 Filed 01/31/24 Page 1 of 2
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`UNITED STATES DISTRICT COURT
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`DISTRICT OF NEVADA
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`UNITED STATES OF AMERICA,
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`Plaintiff,
`v.
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`ANTHONY SWANSON,
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`Case No. 2:09-cr-00222-HDM-PAL
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`ORDER
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`Defendant.
`
`The defendant, Anthony Swanson, has filed a motion for
`reduction of sentence pursuant to 18 U.S.C. § 3582 and U.S.S.G.
`§ 4C1.1 (ECF No. 243). Swanson’s motion presumably relies on
`Amendment 821 to the United States Sentencing Guidelines, which
`created § 4C1.1. On January 12, 2024, the Federal Public
`Defender filed a “Notice of Non-Eligibility” pursuant to General
`Order 2023-09, indicating that Swanson is not entitled to a
`sentence reduction under the provisions cited. The court agrees.
`Amendment 821 created U.S.S.G. § 4C1.1, reducing the
`offense level for certain zero-point offenders, and amended
`U.S.S.G. § 4A1.1, reducing or eliminating the number of points
`counted when the offender commits an offense while under a
`criminal justice sentence. The amendments apply retroactively.
`As Swanson was not a zero-point offender, § 4C1.1 is
`inapplicable. And because Swanson was found to be a career
`offender under the provisions of U.S.S.G. § 4B1.1, his criminal
`history category remains VI, regardless of whatever effect the
`amendments to § 4A1.1 may have on his criminal history score.
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`Case 2:09-cr-00222-HDM-PAL Document 245 Filed 01/31/24 Page 2 of 2
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`Accordingly, Swanson’s motion for relief pursuant to Amendment
`821 (ECF No. 243) is DENIED.
`IT IS SO ORDERED.
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`DATED: This 31st day of January, 2024.
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`UNITED STATES DISTRICT JUDGE
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