United States District Court, D. Kansas
JULIE A. ROBINSON, District Judge.
This matter is before the Court on Defendant Cui Qin Zhang's "Motion Pursuant to Fast Track U.S.S.G. 5K3.1" (Doc. 131). Zhang contends that she qualifies for a reduction of her sentence pursuant to § 5K3.1, which states:
Early Disposition Programs. Upon motion of the Government, the court may depart downward not more than 4 levels pursuant to an early disposition program authorized by the Attorney General of the United States and the United States Attorney for the district in which the court resides.
In support of her request, Zhang states that she pled guilty to her offense and accepted responsibility, waives her right to an immigration hearing, and will stay out of the United States for the term imposed by the INS judge.
Section 5K3.1 of the sentencing Guidelines allows the Government to create a program to give defendants credit for an early plea agreement. However, the Guidelines specifically state that such a departure can only be made upon the motion of the Government, and the decision as to whether a defendant is "fast-tracked" is in the sole discretion of the United States Attorney. The Government has not filed such a motion. Moreover, Zhang did not plead guilty and accept responsibility in this case, but was convicted of drug trafficking charges after a jury trial, and sentenced by this Court to a term of 180 months. Quite simply, the Court is unable to grant Zhang the relief she seeks.
IT IS THEREFORE ORDERED BY THE COURT that Defendant's Motion Pursuant to Fast Track U.S.S.G. ...