Opinion
Case No.: 1:06-cr-31 (WLS)
02-18-2014
UNITED STATES OF AMERICA, v. NICOLE WENSIL, Defendant.
ORDER
Before the Court is Defendant Nicole Winsel's pro se motion titled "Motion for Reconsideration 18 U.S.C. 3742(e) Post-Sentencing Rehabilitation Programming." (Doc. 246.) In the motion, Winsel contends that the Court may reduce her sentence under 18 U.S.C. § 3742(e) and Pepper v. United States, 131 S. Ct. 1229 (2011) for post-conviction rehabilitation.
As the Court explained in its May 9, 2013 Order, however, a sentencing court's jurisdiction to modify a sentence is narrowly limited by statute. United States v. Phillips, 597 F.3d 1190, 1194-95 (11th Cir. 2010). "Specifically, § 3582(c) provides that a court may not modify an imprisonment sentence except in these three circumstances: (1) where the Bureau of Prisons has filed a motion and either extraordinary and compelling reasons warrant a reduction or the defendant is at least 70 years old and meets certain other requirements . . . ; (2) where another statute or Federal Rule of Criminal Procedure 35 expressly permits a sentence modification . . . ; or (3) where a defendant has been sentenced to a term of imprisonment based on a sentencing range that was subsequently lowered by the Commission and certain other requirements are met . . . ." Id. at 1195 (citations omitted). None of those circumstances are present here. And neither Section 3742(e) nor Pepper v. United States involves reducing an already-imposed sentence.
Accordingly, Winsel's motion (Doc. 246) must be, and is, DENIED.
__________
W. LOUIS SANDS, JUDGE
UNITED STATES DISTRICT COURT