SUE E. MYERSCOUGH, District Judge.
Defendant Rebecca M. Champley, proceeding pro se, has filed a Motion for Reconsideration of Sentence (d/e 153) in light of her rehabilitation efforts since sentencing. Because this Court lacks jurisdiction over the request, the Motion is DISMISSED.
On March 3, 2006, Defendant pleaded guilty to conspiracy to manufacture methamphetamine in violation of 21 U.S.C. §§ 846 and 841(a)(1) as alleged in Count 1 of the Indictment (d/e 1). On July 10, 2006, the Court sentenced Defendant to 168 months' imprisonment to be followed by five years of supervised release.
On October 6, 2015, the Court reduced Defendant's imprisonment sentence from 132 months to time served effective November 1, 2015 (approximately 127 months) in light of the retroactive application of Amendment 782 to the United States Sentencing Guidelines. Finally, on November 1, 2017, Defendant's supervised release term was revoked for violations of her conditions of supervised release. The Court sentenced Defendant on revocation to 18 months imprisonment and one year of supervised release.
In the Motion, Defendant seeks a sentence reduction to reflect the rehabilitation she has achieved since her revocation sentencing. Attached to the Motion are records of Defendant's education activities in prison, including the courses she has participated in, test scores, and certification of completion of her GED or high school diploma. Also attached are records of Defendant's work history while in prison. Finally, Defendant attached several certificates of completion that she earned while in prison for completion of several programs: Drug Abuse Education Course, Trauma in Life Pre-Requisite Workshop, and several chapel classes—one certificate for Walk Through the Bible and two certificates for Walking the 12 Steps with Jesus Christ.
A district court has "limited power to revisit sentences once they are imposed."
Section 3582(c) of Title 18 of the United States Code also provides a district court authority to modify a previously-imposed term of imprisonment. First, the court can adjust the prison term where (1) the defendant was sentenced "to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission," and (2) "such a reduction is consistent with applicable policy statements issued by the Sentencing Commission." 18 U.S.C. § 3582(c)(2). If the defendant cannot satisfy the first criterion, the court lacks subject matter jurisdiction to consider the reduction request.
Second, a court may resentence a defendant if the Bureau of Prisons moves for a sentence reduction because of extraordinary and compelling reasons or because the defendant is at least 70 years old, has served at least 30 years of his imprisonment term, and is not dangerous. 18 U.S.C. § 3582(c)(1)(A).
In this case, Defendant is not seeking a resentencing for clear error or substantial assistance. Further, Defendant is not seeking a reduction pursuant to a reduced Guideline range. Defendant is instead asking this Court to review her sentence in light of her rehabilitation efforts since sentencing. Therefore, this Court has no authority under Rule 35 or § 3582(c) to reduce Defendant's sentence.
The Court also notes that the citations on which Defendant relies do not support a basis for the Motion. The Motion purports to be brought pursuant to 18 U.S.C. § 3742(e). However, § 3742 applies only to appellate courts reviewing sentences. It does not authorize the district court to review its previously-imposed sentence, as Defendant requests here. Nor do the cited cases provide such authority. In
For the reasons stated, Defendant's Motion for Sentence Reduction (d/e 153) is DISMISSED for lack of subject matter jurisdiction.