Opinion
98 CR 434
November 12, 2003
MEMORANDUM ORDER
Michael Black ("Black"), setting out a series of serious physical problems that he has encountered during his incarceration, has just submitted a self-prepared motion for the reduction of the 168-month sentence imposed by this Court well over four years ago (on June 6, 1999). But the difficulty with Black's motion is that this Court is simply without power — without jurisdiction — to grant him any relief at this point.
Fed.R.Crim.P. ("Rule") 35 provides the narrowest of windows for action by a district court once sentence has been pronounced: Rule 35(a) grants just seven days after sentencing to correct a sentence that involves a "clear error," while Rule 35(b) allows any later reduction of a sentence only if the government files a motion under the conditions set out there. Thus the Rule gives Black no comfort.
Perhaps realizing that, Black begins his current motion by pointing to a statutory provision:
This Court has jurisdiction to reduce defendant's sentence pursuant to Title 18 United States Code § 3582(c)(2).
But that simply misreads the cited statute, which by its terms applies only where the sentencing range for a defendant's offense has later been lowered by the Sentencing Commission — as United States v. Early. 27 F.3d 140, 142 (5th Cir. 1994) (per curiam) has said:
Finally, Early's motion cannot be considered one pursuant to 18 U.S.C. § 3582 (c)(2), as that particular subsection of the statute discusses the possible modification of a term of imprisonment when the term of imprisonment has been based on a sentencing guidelines range that has subsequently been lowered by the Sentencing Commission.
And the companion to that provision, 18 U.S.C. § 3582(c)(1), is likewise a narrow avenue of relief: It permits the post-sentencing reduction of a term of imprisonment only upon motion of the Director of the Bureau of Prisons or under Rule 35 (already discussed here). So no statute allows for this Court's consideration of Black's motion either.
Accordingly this Court must, and it does hereby, deny Black's motion for lack of subject matter jurisdiction. If he is to obtain any relief, he must look to the Bureau of Prisons for that purpose.