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United States v. Fletcher

United States District Court, D. Maryland

April 14, 2014

UNITED STATES OF AMERICA,
v.
JOHN VINCENT FLETCHER, JR., Defendant.

MEMORANDUM OPINION

PETER J. MESSITTE, District Judge.

John Vincent Fletcher, Jr., proceeding pro se, has filed a "Motion for Immediate Release and Reduction in Sentence" [Paper No. 746]. The Court will DISMISS the Motion.

On April 13, 2006, Fletcher pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled substances, in violation of 21 U.S.C. § 846 (Count 1), and to possession with intent to distribute five grams or more of cocaine base; aiding and abetting, in violation of 21 U.S.C. § 841(a)(1) and 18(2) (Count 2). He was sentenced to 121 months on Count I and 121 months on Count 2, to run concurrently.

Fletcher has filed a "Motion for Immediate Release and Reduction in Sentence, " seeking immediate release pursuant to 18 U.S.C. 4205(g) and 18 U.S.C. 3582(c)(1)(A) because he is disabled, suffering from health problems, and elderly.[1]

Fletcher is not entitled to release under either statute. 18 U.S.c. 4205(g) was repealed, effective November 1, 1987, and only applies to prisoners who committed offenses before that date. 18 U.S.C. 3582(C)(1)(A) does not permit the court to modify a term of imprisonment except that "the court, upon motion a of the Director of the Bureau of Prisons, may reduce the term of imprisonment" if it finds that (i) "extraordinary and compelling reasons warrant such a reduction"; or (ii) "the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559 (c)" and the BOP determines "that the defendant is not a danger to the safety of any other person or the community" and the "reduction is consistent with applicable policy statements issued by the Sentencing Commission." (Emphasis added).

Absent a motion by the Director of the Bureau of Prisons, the Court cannot consider a motion for early release pursuant to 18 U.S.C. 3582(C)(1)(A). See, e.g., Dodson v. Fed Bureau of Prisons, CIV.A. 1:11-0411, 2012 WL 1067870 (S.D. W.Va. Mar. 29, 2012); Jarvis v. Stansberry, 2:08CV230, 2008 WL 5337908 (E.D. Va. Dec. 18, 2008).

For the foregoing reasons, Fletcher's "Motion for Immediate Release and Reduction in Sentence" [Paper No. 746] is DISMISSED.

A separate Order will ISSUE.


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