Opinion
Case No. 1:99-CR-020.
February 22, 2006
ORDER
This matter is before the Court on Petitioner Yvan Washington's motion for relief from judgment pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure. In his motion, Petitioner moves for a downward departure from the sentence imposed by the Court because of his alleged extraordinary post-conviction rehabilitation. For the reasons that follow, Petitioner's motion is not well-taken and is DENIED.
On December 6, 1999, the Court sentenced Petitioner to 169 months of imprisonment and three years of supervised release following his plea of guilty to a charge of distribution of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). Petitioner's conviction and sentence were affirmed on direct appeal. United States v. Washington, 11 Fed. Appx. 441 (6th Cir. 2001). In September 2001, Petitioner filed a motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. This motion raised five grounds for relief centered around the alleged ineffectiveness of Petitioner's trial counsel and whether the Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), applied retroactively in Petitioner's case. In February 2002, the Court denied Petitioner's motion and the Court of Appeals declined to issue Petitioner a certificate of appealability from that decision.
Pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure, Petitioner now moves the Court to downwardly depart from the Guidelines sentencing range on the grounds of his alleged extraordinary post-conviction rehabilitation. In support of his motion, Petitioner highlights his completion of the residential drug abuse program and several educational and vocational programs. Petitioner also claims that his family situation is extraordinary and warrants a downward departure because his mother, who has custody of his six children, is ill with cirrhosis of the liver.
The Court has no authority to reduce Petitioner's sentence. Petitioner does not argue that there are grounds to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. The Court cannot modify a sentence of imprisonment once it has been imposed except upon motion by the Director of the Bureau of Prisons, or for reasons expressly recognized by statute, or as authorized by Rule 35 of the Federal Rules of Criminal Procedure. The Court may only reduce a sentence under Rule 35 upon motion of the government. 18 U.S.C. § 3582(c). Petitioner cites no other statute which would permit the Court to reduce his sentence at this late date.
Accordingly, Petitioner's motion for relief from judgment is not well-taken and is DENIED.
IT IS SO ORDERED.