Opinion
No. 5:06-CR-12-BO
05-11-2015
UNITED STATES OF AMERICA v. ROGER DALE RAY
ORDER
Defendant, Roger Ray, moves for reconsideration under 18 U.S.C. § 3742(e) and for downward departure. Defendant was sentenced on March 6, 2008, to 130 months' imprisonment after pleading guilty to a charge of conspiracy to commit money laundering and to engage in monetary transactions relating to property derived from unlawful activity. 18 U.S.C. § 1956(h) and 1957. Defendant now seeks a reduction in his sentence due to his laborious efforts to rehabilitate.
DISCUSSION
At the outset, the Court notes that 18 U.S.C. § 3742(e), relating to review of a sentence by an appropriate court of appeals, provides no basis for this Court to review defendant's sentence. 18 U.S.C. § 3582(c) provides that a term of imprisonment may be modified upon motion by the Bureau of Prisons, motion by the government under Rule 35 of the Federal Rules of Criminal Procedure, where such modification is expressly provided for by statute, or where the Sentencing Commission has lowered the sentencing range applicable to the defendant at the time of sentencing. 18 U.S.C. § 3582(c)(1)-(2). None of the circumstances required for a modification under this provision are present in this case. Moreover, the Court has previously denied defendant's motion for reduction based on Amendment 782 to the U.S. Sentencing Guidelines as the amendment lowered only the sentencing ranges for drug offenses; defendant was convicted of a money laundering offense. Therefore, the Court is without authority to modify defendant's sentence. See 18 U.S.C. § 3582(c); Walters v. United States, 495 F.Supp.2d 577, 578 (S.D.W.Va. 2006).
CONCLUSION
For the foregoing reasons, defendant's motion for downward departure and motion for reconsideration [DE 191&192] are DENIED. SO ORDERED, this 11 day of May, 2015.
/s/_________
TERRENCE W. BOYLE
UNITED STATES DISTRICT JUDGE