Opinion
Case No. CR04-5490RBL.
January 20, 2007
ORDER
THIS MATTER comes on before the above-entitled Court upon Defendant Huard-Wade's Letter/Motion for Modification of Sentence [Dkt. #110].
Having considered the entirety of the records and file herein, the Court rules as follows:
Defendant Huard-Wade requests that this Court modify her sentence to convert the second half of her twenty-four month term of imprisonment to home confinement. Modifications of sentences are controlled by 18 U.S.C. § 3582(c). The statute provides that a sentence may only be modified upon a motion of the Director of the Bureau of Prisons, under Fed.R.Crim.P. 35, under other statutory authority, or based upon a sentencing range that has been subsequently lowered by the Sentencing Commission. The defendant does not qualify for a modification of her sentence under any of the provisions of 18 U.S.C. § 3582(c). Therefore, this Court is without jurisdiction to modify defendant's sentence and defendant's letter/motion [Dkt. #110] is DISMISSED.
IT IS SO ORDERED.
The Clerk shall send uncertified copies of this order to all counsel of record, and to any party appearing pro se.