1:12-cr-00189•USA v. LOMAX et al
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AO 247 (Rev. 03/19) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Page 1 of 2 (Page 2 Not for Public Disclosure) UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America ) ) ) ) ) ) v. Case No: USM No: Date of Original Judgment: Date of Previous Amended Judgment: (Use Date of Last Amended Judgment if Any) Defendant’s Attorney ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) Upon motion of u the defendant u the Director of the Bureau of Prisons u the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG §1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, IT IS ORDERED that the motion is: u DENIED. u GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in the last judgment issued) of months is reduced to . (See Page 2 for additional parts. Complete Parts I and II of Page 2 when motion is granted) Except as otherwise provided, all provisions of the judgment dated shall remain in effect. IT IS SO ORDERED. Order Date: Effective Date: (if different from order date) Southern District of Indiana ANTHONY LOMAX 1:12-cr-00189-SEB-MJD-3 11112-028 08/12/2014 07/07/2021 ✔ ✔ 07/17/2021 12/18/2025 _______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana Case 1:12-cr-00189-SEB-MJD Document 768 Filed 12/18/25 Page 1 of 3 PageID #: <pageID>
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No. 1:12-cr-00189-SEB-MJD ) ANTOHNY LOMAX, ) -03 ) Defendant. ) ORDER DENYING MOTION TO REDUCE SENTENCE Pending before the Court is Petitioner Anthony Lomax's Motion to Reduce Sentence filed pursuant to USSG Amendment 821 [Dkts 759 and 765]. The Government has filed its response in opposition to the motion. Being duly advised, the Court hereby DENIES the motion, finding Petitioner ineligible for a reduced sentence based on this amendment to the Sentencing Guidelines for the reason that applying the Amendment would not result in a reduction of Petitioner's guideline range. USSG § 1B1.10. Pursuant to the holding in Dillon v. U.S., 560 U.S. 817, 824 (2010) and the requirements set out in the applicable statutes (ie, 18 U.S.C. § 3582(c)(2) and the Sentencing Guidelines (§§ 4A1.1(a) and (e)), the changes effectuated by Amendment 821 to the Guidelines do not apply to Petitioner because he was sentenced as a career offender, which placed him automatically in Category VI criminal history with a Guideline Range of 360-1,320 months. His guideline range therefore would not be reduced by a change in his status points, thus making him ineligible for a reduced sentence. To qualify for relief under § 3582(c)(2), a petitioner's sentencing range must be lowered by the Amendment. Case 1:12-cr-00189-SEB-MJD Document 768 Filed 12/18/25 Page 2 of 3 PageID #: <pageID>
Petitioner Lomax's sentence was not determined with reference to any sentencing guideline computation as such, only his career offender status, which placed him in criminal history Category VI. Accordingly, the Amendment does apply or affect his overall sentence. To be eligible for relief, the sentencing range must be lowered by the applicable amendment. His motion for reduction of sentence must be DENIED. IT IS SO ORDERED. Date: ________________________ Distribution: Counsel of Record via CM/ECF Anthony Lomax #11112-028 Federal Correctional Institution – Hazelton 1640 SKY VIEW DRIVE BRUCETON MILLS, WV 26525 12/18/2025 _______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana Case 1:12-cr-00189-SEB-MJD Document 768 Filed 12/18/25 Page 3 of 3 PageID #: <pageID>
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