MEMORANDUM & ORDER Defendant Curtis L. Prussick moves, pro se under 18 U.S.C. §3582(c)(2) and U.S.S.G. §1B1.10, for a reduction in sentence pursuant to Part A of Amendment 821 to the U.S. Sentencing Guidelines (“Guidelines”). (ECF No. 185.) He also moves for appointment of counsel. (See id.) The Government opposes the motion. (ECF No. 186.) Mr. Prussick has not replied. For the below reasons, the motion is denied. I. DISCUSSION In January 2023 — pursuant to a plea agreement with the Government — Mr. Prussick pleaded guilty before the Honorable Gary R. Brown to Count One and Count Two of a six-count Superseding Indictment. (See ECF No. 163, at 1 (“PSR”).) Count One charged Mr. Prussick with conspiracy to distribute and possess with the intent to distribute more than one kilogram of heroin, more than 400 grams of fentanyl more than 28 grams of crack cocaine, and quantities of cocaine and oxycodone, in violation of 21 U.S.C. §§846, 841(b)(1)(A), 841(b)(1)(B) and 841(b)(1)(C). (See id. at 2.) Count Two charged Mr. Prussick with the distribution of a controlled substance containing fentanyl, in violation of 21 U.S.C. §§841(a)(1) and 841(b)(1)(C). (See id.) Mr. Prussick’s distribution of fentanyl — as described in Count Two — ultimately led to the death of a man named Kyle Price. (See id.) On August 8, 2023, Mr. Prussick appeared before me for sentencing. (See ECF No. 173.) During the hearing, I heard Mr. Prussick’s objections to his Criminal History Category that was calculated in the PSR.1 (See Sentencing Tr. at 51-57, 62; see also ECF No. 165 (Mr. Prussick’s pro se written opposition)). I disagreed with Mr. Prussick’s objections and found that his Criminal History Category remained Category VI, given the Probation Department’s determination that Mr. Prussick accrued 20 criminal history points. (See id. at 62-63; see also PSR at
41-55.) Specifically, the Probation Department determined that Mr. Prussick earned 18 criminal history points due his prior convictions and 2 “status points” for committing a portion of the instant offense while under a criminal justice sentence. (See PSR at
