Filed: Feb. 08, 2016
Latest Update: Feb. 08, 2016
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's "Non Ex Parte Communication," which the Court construes as a motion to reduce or modify the Defendant's sentence. [Doc. 129]. The Defendant seeks a modification or reduction of his sentence based upon his efforts at rehabilitation while incarcerated. [Doc. 129]. The Court may reduce or modify a sentence based only on the limited grounds listed in 18 U.S.C. 3582(c). Post-sentencing rehabilitati
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's "Non Ex Parte Communication," which the Court construes as a motion to reduce or modify the Defendant's sentence. [Doc. 129]. The Defendant seeks a modification or reduction of his sentence based upon his efforts at rehabilitation while incarcerated. [Doc. 129]. The Court may reduce or modify a sentence based only on the limited grounds listed in 18 U.S.C. 3582(c). Post-sentencing rehabilitatio..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the Defendant's "Non Ex Parte Communication," which the Court construes as a motion to reduce or modify the Defendant's sentence. [Doc. 129].
The Defendant seeks a modification or reduction of his sentence based upon his efforts at rehabilitation while incarcerated. [Doc. 129].
The Court may reduce or modify a sentence based only on the limited grounds listed in 18 U.S.C. § 3582(c). Post-sentencing rehabilitation is not among the enumerated grounds for relief, and none of the grounds identified in § 3582 are present here. See 18 U.S.C. § 3582(c). While rehabilitation may be considered when a defendant is being sentenced or resentenced, see Pepper v. United States, 562 U.S. 476, 490 (2011), it cannot serve as an independent basis for a defendant to obtain a resentencing. See United States v. Morris, No. 7:02-cr-00128-GRA-1, 2013 WL 1303124, at *1 (D.S.C. Mar. 28, 2013). Thus, while the Court commends the Defendant's rehabilitative efforts, his request for a reduction or modification of his sentence based solely on his post-sentencing rehabilitation must be denied.
Accordingly, IT IS, THEREFORE, ORDERED that the Defendant's "Non Ex Parte Communication" [Doc. 129], which the Court construes as a motion to modify the Defendant's sentence, is DENIED.
IT IS SO ORDERED.
