Opinion
Case No. 00-40026-01-SAC.
July 7, 2004
MEMORANDUM AND ORDER
This case comes before the court on defendant's emergency motion for condition of release. Defendant is currently incarcerated in Pekin, Illinois. Defendant states her projected release date is October 2, 2004, and her eligibility for halfway house placement is September 1, 2004. By this motion, defendant asks the court to modify her remaining sentence into a Zone split reflecting a combination of community confinement/home detention for imprisonment, based on extenuating circumstances.
In support of her motion, defendant states that one of her sons was killed in March, 2004, and that her only other son died in June, 2004. She alleges that she is requesting a modification, "in part to be with her daughter-in-law and two grand children" who need her monetary and other support.
"[A] district court is authorized to modify a Defendant's sentence only in specified instances where Congress has expressly granted the court jurisdiction to do so." United States v. Blackwell, 81 F.3d 945, 947 (10th Cir. 1996). Section 3582(c) of Title 18 "provides three avenues through which the may `modify a term of imprisonment once it has been imposed.'" Id. (quoting 18 U.S.C. § 3582(c)).
The defendant has not argued any basis that falls within those three avenues. See United States v. Smith, 2002 WL 31928485, at *1-*2 (D. Kan. Dec. 13, 2002) (the three avenues are (1) upon motion by Director of Bureau of Prisons for extraordinary and compelling circumstances; (2) upon a modification expressly permitted by statute or Rule 35; (3) upon a subsequent lowering of a guideline sentencing range). The court is without jurisdiction to reconsider the defendant's sentence and modify it as requested.
IT IS THEREFORE ORDERED that defendant's emergency motion for condition of release (Dk. 76) denied.