United States District Court, D. Kansas
MEMORANDUM AND ORDER
A. ROBINSON, UNITED STATES DISTRICT JUDGE.
matter comes before the Court upon consideration of Defendant
Colin Michael Johansen's pro se Motion for
Revised Sentencing (Doc. 43). Defendant also requests
appointment of counsel. For the reasons discussed below, the
Court dismisses Defendant's motion to revise sentence for
lack of jurisdiction and denies his motion to appoint
February 13, 2012, Johansen pled guilty to one count of
solicitation to commit robbery in violation of 18 U.S.C.
§§ 373 and 1951. The charge arose from Johansen's
solicitation of first an associate turned informer, then an
undercover officer, to assist him in robbing a pawn shop.
This Court sentenced Johansen to eighteen months'
imprisonment, with a term of two years supervised
began his term of supervised release on May 3, 2013. On
November 6, 2013, Johansen was charged in Shawnee County,
Kansas District Court with Aggravated Robbery, Armed With a
Dangerous Weapon, and Aggravated Burglary, Case No.
13-CR-2155. As a result, this Court revoked Johansen's
supervised release and sentenced him to a term of twenty-four
months, to be served consecutive to any term imposed in the
Shawnee County, Kansas District Court case. Johansen pled no
contest to the state charges and on March 28, 2014, he was
sentenced to 64 months' custody, to be served
consecutively to his revocation sentence in federal
did not file a direct appeal from his twenty-four month
sentence. On October 24, 2017, Johansen mailed a motion and
letter to this Court requesting that his revocation sentence
be revised to run concurrent with his state court sentence of
64 months, as well as appointment of counsel.
of Defendant's pro se status, the Court
construes his motion and letter as a motion for reduction of
sentence under 18 U.S.C. § 3582(c). Defendant asks the
Court to modify and reduce his revocation sentence upon
consideration of his efforts to improve his situation, citing
completion of various educational and rehabilitative
programs. Defendant urges the Court to consider the severity
of his consecutive sentence and his opportunity to embark on
a career in HVAC maintenance upon his release from prison.
Defendant requests his sentence for revocation of supervised
release run concurrently with his sentence imposed in Shawnee
County District Court.
district court does not have inherent authority to modify a
previously imposed sentence; it may do so only pursuant to
statutory authorization.” As the Tenth Circuit explained:
A district court is authorized to modify a Defendant's
sentence only in specified instances where Congress has
expressly granted the court jurisdiction to do so. Section
3582(c) of Title 18 of the United States Code provides three
avenues through which the court may “modify a term of
imprisonment once it has been imposed.” A court may
modify a sentence: (1) in certain circumstances “upon
motion of the Director of the Bureau of Prisons”, (2)
“to the extent otherwise expressly permitted by statute
or by Rule 35 of the Federal Rules of Criminal
Procedure”, or (3) “upon motion of the defendant
or the Director of the Bureau of Prisons, ” or on the
court's own motion in cases where the applicable
sentencing range “has subsequently been lowered by the
defendant's argument does not fit within one of these
three limited avenues under § 3582(c), the Court is
without jurisdiction to consider the request. None of the
avenues set forth above apply to this case. Although the
Court commends Defendant for his rehabilitative efforts and
accomplishments since his conviction, it does not find that
it has the power to reduce his sentence as requested, and his
motion must be dismissed for lack of jurisdiction.
Defendant's request for appointment of counsel is denied
IS THEREFORE ORDERED BY THE COURT that Defendant
Colin Michael Johansen's Motion for Revised Sentencing
(Doc. 43) is DISMISSED for lack of jurisdiction; his request
for appointment of counsel is denied as moot.