Opinion
3:20-cr-00084-SLG-MMS
03-12-2024
UNITED STATES OF AMERICA, Plaintiff, v. SCOTT ALAN RUMANER, Defendant.
ORDER RE PENDING MOTIONS
SHARON L. GLEASON, UNITED STATES DISTRICT JUDGE
Before the Court at Docket 75 is Defendant Rumaner's pro se Motion Seeking Adjustment Under 4A1.1(d) “Zero-Offenders” of Part B of Amendment 821 to the United States Sentencing Guidelines.Also before the Court at Docket 82 is Defendant Rumaner's Motion to Reappoint Counsel. The Government did not file a response to either motion. At Docket 83, U.S. Probation filed a report that concluded that Mr. Rumaner was not eligible for a sentence reduction under this guidelines amendment because (1) he received one criminal history point at sentencing; and (2) a firearm was possessed in connection with the offense of conviction.
Mr. Rumaner filed a supplemental motion at Docket 79 in which he updated his mailing address.
A review of the Presentence Report prepared in this case fully supports the probation officer's conclusion. Mr. Rumaner received one criminal history point. See Presentence Report at Docket 66, page 15, ¶ 41. And the offense of conviction is Felon in Possession of a Firearm. See Docket 73.
Accordingly, the motion for a sentence reduction at Docket 75 based on Part B of the 821 Amendment is DENIED. Further, Mr. Rumaner's motion for the reappointment of Lance Wells as attorney of record at Docket 82 is DENIED; Assistant Federal Public Defender Michael Marks is currently attorney of record for Mr. Rumaner and an indigent criminal defendant is not entitled to select the attorney of his choice.
At Docket 78, Attorney Marks filed a notice that no amended motion to the motion to reduce filed pro se by Mr. Rumaner would be filed. See District of Alaska Miscellaneous General Order 2307, appointing the Federal Public Defender to represent all potentially eligible candidates for an 821 sentence reduction.