Opinion
2:15-CR-107
04-07-2022
UNITED STATES OF AMERICA v. MISTY MUNSEY KILLIAN
ORDER
Leon Jordan United States District Judge
In 2017, this Court sentenced the defendant to a 235-month term of imprisonment for her role in methamphetamine distribution and money laundering conspiracies. Now before the Court is the defendant's pro se motion for sentence reduction based on her rehabilitative efforts. [Doc. 565].
The defendant relies on 18 U.S.C. § 3742(e) and the United States Supreme Court's decision in Pepper v. United States, 562 U.S. 476 (2011). The Court appreciates the defendant's rehabilitative efforts, but it lacks legal authority to grant the requested relief.
Section 3742(e) describes the review conducted by an appellate court when a sentence is before it on appeal. The present defendant's sentence is not before an appellate court. Section 3742 does not grant jurisdiction to a district court to review a final sentence. See, e.g., United States v. Byrnes, 79 Fed.Appx. 850, 852 (6th Cir. 2003).
As for Pepper, the Supreme Court clarified in that ruling that when a defendant's sentence has been set aside on appeal, the district court at resentencing many consider evidence of post-sentencing rehabilitation. In the present case, the defendant's sentence has not been set aside on appeal. As such, the Court is not in a position to resentence the defendant, with or without consideration of her post-sentencing conduct.
The defendant's motion [doc. 565] is therefore DENIED.
IT IS SO ORDERED.