Opinion
CRIMINAL CASE NO. 1:06-cr-00023-GCM-DLH-2
10-06-2017
UNITED STATES OF AMERICA, Plaintiff, v. BILLE ELAINE WITSCHI, Defendant.
ORDER
THIS MATTER is before the Court on the Defendant's "Motion for Reconsideration of Sentence Pursuant to 18 USC 3742(e) Post-Sentencing Rehabilitation Programming" [Doc. 74].
In her motion [Doc. 74], the Defendant seeks a modification or reduction of her sentence based upon her efforts at rehabilitation while incarcerated. The Court may reduce or modify a sentence based only on the limited grounds listed in 18 U.S.C. § 3582(c). Post-sentencing rehabilitation is not among the enumerated grounds for relief, and none of the grounds identified in § 3582 are present here. See 18 U.S.C. § 3582(c). While rehabilitation may be considered when a defendant is being sentenced or resentenced, see Pepper v. United States, 562 U.S. 476, 490 (2011), it cannot serve as an independent basis for a defendant to obtain a resentencing. See United States v. Morris, No. 7:02-cr-00128-GRA-1, 2013 WL 1303124, at *1 (D.S.C. Mar. 28, 2013). Thus, while the Court commends the Defendant's rehabilitative efforts, her request for a reduction or modification of her sentence based on her post-sentencing rehabilitation must be denied.
Accordingly, IT IS, THEREFORE, ORDERED that the Defendant's "Motion for Reconsideration of Sentence Pursuant to 18 USC 3742(e) Post-Sentencing Rehabilitation Programming" [Doc. 74] is DENIED.
IT IS SO ORDERED.
Signed: October 6, 2017
/s/_________
Graham C. Mullen
United States District Judge