USA v. Silva et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA,
Plaintiff,
v.
JESSICA HOWELL (02),
Defendant.
Case No. 22-20002-02-DDC
MEMORANDUM AND ORDER
Defendant Jessica Howell has filed a pro se1 Motion for Reduction of Sentence (Doc.
276). The motion invokes 18 U.S.C. § 3582(c)(2), which authorizes the court to reduce a
sentence “in the case of a defendant who has been sentenced to a term of imprisonment based on
a sentencing range that has subsequently been lowered by the Sentencing Commission[.]” Ms.
Howell asserts that the Sentencing Commission lowered her sentence with the retroactive
Amendment 821 to the Sentencing Guidelines, which, as relevant here, adjusts certain
defendants’ criminal-history points. Doc. 276 at 1.
Amendment 821 Part A lowers the criminal-history points a defendant receives if she
committed the offense “while under any criminal justice sentence, including probation, parole,
supervised release, imprisonment, work release, or escape status.” United States Sentencing
Commission, Amendment 821, https://www.ussc.gov/guidelines/amendment/821
[https://perma.cc/P99Z-2EYZ] (last visited Nov. 6, 2025). The Guidelines previously added two
1 	People in prison “who proceed pro se . . . are entitled to liberal construction of their filings[.]”
Toevs v. Reid, 685 F.3d 903, 911 (10th Cir. 2012); see also Hall v. Bellmon, 935 F.2d 1106, 1110 (10th
Cir. 1991).
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criminal-history “points if the defendant committed the instant offense while under any criminal
justice sentence[.]” U.S.S.G. § 4A1.1.(d) (2021). Following Amendment 821, the Guidelines
now add just one criminal-history point if the defendant committed the offense while under a
criminal-justice sentence—and only if the defendant received seven or more criminal-history
points. U.S.S.G. § 4A1.1.(e) (2024).
Amendment 821 took effect on November 1, 2023. The Probation Office filed Ms.
Howell’s Presentence Investigation Report (PSR) on December 4, 2023. Doc. 237. So, the PSR
takes Amendment 821 into account. The PSR notes that Ms. Howell’s criminal history scored
seven points, and that Ms. Howell committed her offense under a criminal-justice sentence. Id.
at 22 (PSR ¶ 98). The PSR then adds only one additional point. Id. The court adopted the PSR
at sentencing in February 2024. Doc. 259 at 1.
In sum, Ms. Howell already has received the benefit of Amendment 821 and the court
may not reduce her sentence any further. United States v. C.D., 848 F.3d 1286, 1289 (10th Cir.
2017) (explaining that, to secure sentence reduction under § 3582(c)(2), “the defendant must
show he was sentenced based on a guideline range the Sentencing Commission lowered
subsequent to defendant's sentencing” and if the defendant fails to make this showing, “the
district court lacks jurisdiction over the defendant's motion and the motion must be dismissed”).
IT IS THEREFORE ORDERED BY THE COURT THAT defendant Jessica
Howell’s Motion for Sentence Reduction (Doc. 276) is dismissed.
IT IS SO ORDERED.
Dated this 10th day of November, 2025, at Kansas City, Kansas.
s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge
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