USA v. Rumaner

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
SCOTT ALAN RUMANER,
Defendant.
Case No. 3:20-cr-00084-SLG-MMS
ORDER RE PENDING MOTIONS
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.1 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.
A review of the Presentence Report prepared in this case fully supports the
probation officer’s conclusion. 	Mr. Rumaner received one criminal history point.
1 Mr. Rumaner filed a supplemental motion at Docket 79 in which he updated his mailing address.
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Case No. 3:20-cr-00084-SLG-MMS, USA v. Rumaner
Order re Pending Motions
Page 2 of 2
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.2
DATED this 12th day of March, 2024, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
2 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 23-
07, appointing the Federal Public Defender to represent all potentially eligible candidates for an
821 sentence reduction.
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