UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 15-cr-20309 

 Hon. Matthew F. Leitman 

v. 

MICHAEL ALAN PIAR, 

 Defendant. 

__________________________________/ 

ORDER DENYING DEFENDANT’S 18 U.S.C. § 3582(c)(2) MOTION 

FOR APRIL 28, 2016 AMENDMENTS TO THE SENTENCING 

GUIDELINES INCLUDING THE CHANGES TO THE FIVE-LEVEL 

DISTRIBUTION ENHANCEMENT (ECF #38) 

 On June 16, 2016, this Court entered a judgment of sentence in this case in 

which it sentenced Defendant Michael Piar to one-hundred months in custody in 

connection with his plea-based conviction for distribution of child pornography. The 

sentence was far below the sentencing guidelines range as determined by the Court 

(210-240 months) and well below the sentence requested by the government (144 

months). 

 In calculating the guidelines range, the Court added five offense levels under 

Section 2G2.2(b)(3)(B) on the ground that Piar distributed child pornography “not 

for pecuniary gain.” On April 28, 2016, the United States Sentencing Commission 

adopted Amendment 801, which, among other things, amended Section 
2G2.2(b)(3)(B). Amendment 801 became effective November 1, 2016 – roughly 

five months after the Court sentenced Piar. The Sentencing Commission explained 

that the change to Section 2G2.2(b)(3)(B) clarified that the five-level enhancement 

applies “if the defendant distributed in exchange for any valuable consideration.” 

U.S.S.G. § 2G2.2(b)(3)(B) cmt. 1. The Commission further explained that “valuable 

consideration” included, among other things, “other child pornographic material.” 

Id.

 On August 25, 2017, Piar moved under 18 U.S.C. § 3582(c) for a reduction in 

his sentence based upon the change to Section 2G2.2(b)(3)(B) embodied in 

Amendment 801. The motion is DENIED. 

 In relevant part, 18 U.S.C. § 3582(c) provides: 

The court may not modify a term of imprisonment once it 

has been imposed except that— 

*** 

(2) in the case of a defendant who has been sentenced to a 

term of imprisonment based on a sentencing range that has 

subsequently been lowered by the Sentencing 

Commission pursuant to 28 U.S.C. 994(o), upon motion 

of the defendant or the Director of the Bureau of Prisons, 

or on its own motion, the court may reduce the term of 

imprisonment, after considering the factors set forth in 

section 3553(a) to the extent that they are applicable, if 

such a reduction is consistent with applicable policy 

statements issued by the Sentencing Commission.
18 U.S.C. § 3582(c)(2) (emphasis added). 

The Sentencing Commission's policy statement, which is codified at U.S.S.G. 

§ 1B1.10, allows for sentence reductions based only on amendments to the 

guidelines that are specifically listed in Section 1B1.10(d). Amendment 801 is not 

listed there. Accordingly, Piar is not entitled to relief based on the change to Section 

2G2.2(b)(3)(B) embodied in Amendment 801. See, e.g., United States v. Maciel, __ 

Fed. Appx. __, 2017 WL 3309756 (11th Cir. 2017) (denying relief based upon 

change to Section 2G2.2(b)(3)(B) because Amendment 801 is not listed in 

1B1.10(d)); United States v. Nicoll, __ Fed. Appx. __, 2017 WL 3327824 (4th Cir. 

2017) (same). 

 Even if Amendment 801 and the change to Section 2G2.2(b)(3)(B) applied 

here, Piar still would not be entitled to relief. His conduct fits squarely within the 

guideline as amended. Piar distributed child pornography in order to receive other 

child pornography. He traded to upgrade his collection. That is exactly what the 

amended guideline is intended to cover (among other things). The Court declines to 

reduce Piar’s sentence. 

IT IS SO ORDERED. 

/s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: October 3, 2017 
I hereby certify that a copy of the foregoing document was served upon the 

parties and/or counsel of record on October 3, 2017, by electronic means and/or 

ordinary mail. 

 s/Holly A. Monda 

 Case Manager 

 (810) 341-9764