Opinion
Case No. 4:11-cr-00020-BLW
09-14-2020
UNITED STATES OF AMERICA, Plaintiff, v. LAURA ELENA ROSALES-SANCHEZ, Defendant.
MEMORANDUM DECISION AND ORDER
Before the Court is Defendant Laura Elena Rosales-Sanchez's Petition for Dismissal (Dkts. 37, 38). Defendant pleaded guilty to possession of a firearm by a prohibited person and the Court later sentenced her to 15 months' incarceration, to be followed by a three-year term of supervision. In her pending petition, Rosales-Sanchez asks the court to "lower" her felony to a misdemeanor, alluding to potential future immigration benefits.
With certain exceptions that are not relevant here, "the court may not modify a term of imprisonment once it has been imposed . . . ." 18 U.S.C. § 3582(c). Likewise, this Court cannot simply declare that a person who has been convicted of a felony is actually a misdemeanant. Accordingly,
IT IS ORDERED THAT Defendant's Petition for Dismissal (Dkts. 37, 38) is DENIED.
DATED: September 14, 2020
/s/_________
B. Lynn Winmill
U.S. District Court Judge