Opinion
Case No. 4:07CR00086-22 JMM.
August 12, 2010
ORDER
Pending is Defendant Demetrius Stubbs' pro se Motion for Modification of his Federal Sentence. (Docket # 747). Defendant requests a modification of his sentence pursuant to 18 U.S.C. § 3553(a). Defendant argues that the Court should apply a 1 to 1 crack to powder cocaine ratio reduction.
Defendant was sentenced on April 30, 2008, to a 60 month term of imprisonment. He received a Rule 35 reduction from 60 months to 54 months on April 21, 2009. A district court's power to revise a sentence after it is imposed is limited. United States v. Gurski, 317 Fed. Appx. 582 (8th Cir. 2009) (citing Fegans v. United States, 506 F.3d 1101, 1104 (8th Cir. 2007)). 18 U.S.C. § 3582(c) provides three jurisdictional grants under which a court may "modify a term of imprisonment once it has been imposed." A court may modify a sentence: (1) in certain circumstances "upon motion of the Director of the Bureau of Prisons"; (2) "to the extent otherwise expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure"; or (3) in cases where the applicable sentencing range "has subsequently been lowered by the Sentencing Commission." All three provisions are inapplicable in this case.
Accordingly, Defendant's Motion for Modification of Sentence (Docket # 747) is DENIED.
IT IS SO ORDERED.