Opinion
4:10-CR-00249-01-BRW
02-05-2024
UNITED STATES OF AMERICA v. HABEEB ULLAH MUHAMMAD
ORDER
BILLY ROY WILSON, UNITED STATES DISTRICT JUDGE.
Defendant's Motion to Appoint Counsel and Reduce Sentence (Doc. No. 77) is DENIED.
Defendant is serving a sentence in this case for a supervised release revocation, so a reduction is not permitted.
See U.S. Sentencing Guideline § 1B1.10, comment n.8(A) (“Only a term of imprisonment imposed as part of the original sentence is authorized to be reduced under this section. This section does not authorize a reduction in the term of imprisonment imposed upon revocation of supervised release.”).
To the extent that Defendant seeks the compassionate release, appointment of counsel is denied because there is no right to appointed counsel in sentence modification proceedings and he has not presented extraordinary or compelling reasons to support release.
United States v. Harris, 568 F.3d 666, 669 (8th Cir. 2009) (per curiam).
IT IS SO ORDERED.