Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Chism

United States District Court, D. Kansas

June 14, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMAICA CHISM, Defendant.

          MEMORANDUM AND ORDER

          JULIE A. ROBINSON CHIEF UNITED STATES DISTRICT JUDGE.

         On October 30, 2012, Defendant Jamaica Chism pleaded guilty to one count of Accessory After the Fact in violation of 18 U.S.C. § 1512(a)(1)(C).[1] On October 7, 2014, this Court sentenced Defendant to 84 months' imprisonment per the binding Plea Agreement.[2] At Defendant's request, the Court recommended she participate in a drug treatment program while incarcerated.[3]

         This matter is now before the Court on Defendant's pro se Motion for Recommendation to the Bureau of Prisons (“BOP”), requesting the Court make a recommendation to include the Second Chance Act so that Defendant can receive a six-to-nine-month placement in a residential re-entry center (“RRC”) at the conclusion of her sentence currently set for 2020 (Doc. 838). The Court construes this as a motion to amend the judgment or, in the alternative, for a supplemental recommendation by the Court made outside of the judgment concerning RRC placement.[4] As explained below, Defendant's motion is denied.

         First, the Court has no authority or basis to amend the judgment. “A district court does not have inherent authority to modify a previously imposed sentence; it may do so only pursuant to statutory authorization.”[5] 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 Sentencing Commission.”[6]

         If a 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.[7] None of the avenues set forth above apply to this case.

         Second, the Court declines to exercise its discretion to make a supplemental recommendation outside the judgment concerning RRC placement. The Court previously made its recommendations at sentencing based on Defendant's circumstances. Defendant offers mitigating circumstances for the Court's consideration-earning her GED and completion of numerous courses, including firefighter training, Microsoft word, Spanish, and parenting and wellness classes. While the Court commends Defendant for her participation in these programs, these factors do not warrant a supplemental recommendation to the BOP.[8] Even if the Court were inclined to make the requested recommendation, however, it would not be binding on the BOP, [9] which has its own policies that will identify whether Defendant is eligible for RRC placement.[10] Accordingly, the Court does not have the authority to amend or supplement its recommendation to the BOP as requested, and Defendant's motion must be denied.

         IT IS THEREFORE ORDERED BY THE COURT that Defendant's Motion for Recommendation to the Bureau of Prisons (Doc. 106) is denied.

         IT IS SO ORDERED.

---------

Notes:

[1]Doc. 260.

[2]Doc. 662.

[3] Id., Doc. 653.


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.