USA v. Burch

1
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
UNITED STATES OF AMERICA
VS 	No. 4:21-CR-00127-JM
CODY BURCH
ORDER
Defendant’s motion to reduce sentence (Doc. No. 41) is DENIED.
Defendant is not eligible for a sentence reduction because Amendment 821 does not
reduce his criminal history category or guideline range.1 Although Defendant’s criminal history
score lowers to 23, his criminal history category remains VI. Additionally, Defendant’s plea
agreement “waive[d] the right to have the sentence modified pursuant to Title 18, United States
Code, Section 3582(c)(2) . . . .” 2 Because Defendant knowingly and voluntarily entered into his
plea agreement, including this waiver, he is not entitled to relief.3
IT IS SO ORDERED this 2 nd day of December, 2025.
_______________________________
UNITED STATES DISTRICT JUDGE
1 See U.S.S.G 1.10 (a)(2) (“Exclusions.—A reduction in the defendant’s term of
imprisonment is not consistent with this policy statement and therefore is not authorized under
18 U.S.C. § 3582(c)(2) if— . . . an amendment listed in subsection (d) does not have the effect of
lowering the defendant’s applicable guideline range.”).
2 Doc. No. 33.
3 United States v. Cowan, 781 F. App’x 571 (8th Cir. 2019) (affirming dismissal of a §
3582(c)(2) motion when the record establish that the defendant knowingly and voluntarily
entered the plea agreement).
Case 4:21-cr-00127-JM Document 42 Filed 12/02/25 Page 1 of 1