5:16-cr-00119•United States of America v. Hudson et al
Full text
1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) Case No. CR-16-119-R-9 ) GARY HOLDEN SCHNEIDER, ) ) Defendant. ) ORDER Before the Court is Defendant’s pro se Motion to Reduce Sentence [Doc. No. 1906] seeking to reduce his term of supervised release under 18 U.S.C. § 3582(c)(2). The government responded in opposition [Doc. No. 1914] and the matter is now at issue. Defendant argues that he is eligible for a reduction in sentence pursuant to the retroactive application of Amendment 821 of the United States Sentencing Guidelines but he does not seek a reduction in his term of imprisonment. Instead, he represents that he has almost entirely completed his term of imprisonment and therefore seeks a reduction in his four-year term of supervised release. A motion under § 3582(c)(2) is not the proper vehicle for this type of relief. Section 3582(c)(2) provides that a district court may reduce a defendant’s “term of imprisonment” if the defendant “was sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission….” Although this provision permits a district court to reduce a term of imprisonment under some circumstances, it does not authorize a reduction in a term of supervised release. See Case 5:16-cr-00119-R Document 1915 Filed 02/05/24 Page 1 of 2
2 United States v. Wilson, 799 F. App'x 792, 793 (11th Cir. 2020). Rather, “[t]he proper way to seek early termination of supervised release…is to move for such relief under 18 U.S.C. § 3583(e)(1)—not § 3582(c)(2).” Id. If Defendant wishes to seek early termination of his supervised release, he must file a motion pursuant to 18 U.S.C. § 3583(e)(1), which provides that a district court may terminate a term of supervised release (after considering the appropriate factors) “at any time after the expiration of one year of supervised release.” Accordingly, Defendant’s Motion [Doc. No. 1906] is DISMISSED. IT IS SO ORDERED this 5 th day of February, 2024. Case 5:16-cr-00119-R Document 1915 Filed 02/05/24 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.