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United States v. Howell, 1:04-cr-00043-MR-4 and (2019)

Court: District Court, W.D. North Carolina Number: infdco20190911d41 Visitors: 9
Filed: Sep. 10, 2019
Latest Update: Sep. 10, 2019
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's letter, which the Court construes as a motion to reduce or modify the Defendant's sentence. [Criminal Case No. 1:04-cr-00043-MR-4, Doc. 377; Criminal Case No. 1:17-cr-00035-MR-WCM, Doc. 23]. By the present motion, the Defendant seeks a modification or reduction of her sentence based upon her efforts at rehabilitation while incarcerated. The Court may reduce or modify a sentence based only on the
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ORDER

THIS MATTER is before the Court on the Defendant's letter, which the Court construes as a motion to reduce or modify the Defendant's sentence. [Criminal Case No. 1:04-cr-00043-MR-4, Doc. 377; Criminal Case No. 1:17-cr-00035-MR-WCM, Doc. 23].

By the present motion, the Defendant seeks a modification or reduction of her sentence based upon her efforts at rehabilitation while incarcerated.

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, her request for a reduction or modification of her sentence based on her post-sentencing rehabilitation must be denied.

Accordingly, IT IS, THEREFORE, ORDERED that the Defendant's letter [Criminal Case No. 1:04-cr-00043-MR-4, Doc. 377; Criminal Case No. 1:17-cr-00035-MR-WCM, Doc. 23], which the Court construes as a motion to modify the Defendant's sentence, is DENIED.

IT IS SO ORDERED.

Source:  Leagle

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