Opinion
1:14-cr-00185
11-29-2023
UNITED STATES OF AMERICA, Plaintiff, v. KENNETH A. WHITE, Defendant.
ORDER
[RESOLVING DOCS. 271, 272, 275]
JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE
On October 31, 2014, a jury convicted Defendant Kenneth White of conspiracy to make false claims and of false claims.On April 6, 2015, the Court sentenced White and ordered restitution.As to restitution, the Court ordered White to “participate in the Federal Bureau of Prisons Inmate Financial Responsibility Program” (IFRP).
Doc. 92.
Doc. 127.
Id. at 2.
White files three motions. First, White asks the Court to implement a reduced restitution payment. Related, Defendant White requests his co-defendants' restitution payment records.Second, White asks for a sentence reduction under Sentencing Guidelines Amendment 821.And third, the government asks the Court to hold White's sentence reduction motion in abeyance.
Doc. 272.
Doc. 271.
Doc. 275.
1. White's restitution payment plan request is essentially a request that the Court modify the IFRP's terms. The Court does not have the power to do so. The Court therefore DENIES White's payment plan motion.
White has also sought information regarding the restitution that his codefendants have paid. Upon inquiry, the Clerk's Office reports that White's co-defendants have paid $3,923.92 in restitution.
2. White's sentence reduction motion is not ripe. Amendment 821 does not take effect until February 1, 2024.The Court DENIES White's sentence reduction motion without prejudice to White's ability to re-raise his sentence reduction motion once Amendment 821 becomes effective.
3. Because the Court denies White's Amendment 821 motion, it also DENIES the government's abeyance motion as moot.
United States v. Callan, 96 Fed.Appx. 299, 300-01 (6th Cir. 2004).
Press Release, U.S. Sentencing Commission, U.S. Sentencing Commission Votes to Allow Retroactive Sentence Reductions and Announces Its Next Set of Policy Priorities (Aug. 24, 2023), https://www.ussc.gov/about/news/press-releases/august-24-2023.
IT IS SO ORDERED.