United States District Court, D. Maryland, Southern Division
MEMORANDUM OPINION AND ORDER
W. Grimm United States District Judge
August 11, 2015, Petitioner Morris Thweatt pled guilty to
three counts of bank robbery, in violation of 18 U.S.C.
§ 2113(a). Plea Agreement, ECF No. 30. On October 23,
2015, I sentenced Thweatt to 80 months imprisonment and 3
years of supervised release. Judgment, ECF No. 40. With an
offense level of 26 and criminal history category III, his
guideline range was 78-97 months. Amended Presentence
Investigation Report (“PSR”) ¶ 100, ECF No.
39. Thweatt has now filed a pro se Motion to Reduce
Sentence pursuant to 18 U.S.C. § 3582(c)(2),
Pet'r's Mot. Reduce, ECF No. 42, and a Motion for
Compassionate Release pursuant to 18 U.S.C. §
3582(c)(1)(A), Pet'r's Mot. Compassionate Release,
ECF No. 44, both of which the Government has opposed,
Resp't's Opp'n Mot. Reduce, ECF No. 48;
Resp't's Opp'n Mot. Compassionate Release, ECF
No. 47. Petitioner also filed a Reply in further support of
his Motions. Pet'r's Reply, ECF No. 52. No hearing is
necessary. Loc. R. 105.6 (D. Md.). Having reviewed the
Parties' submissions, I will deny Mr. Thweatt's
Motions because he is ineligible for a reduction based on
Amendment 782 to the U.S. Sentencing Guidelines and because I
lack jurisdiction consider his request for compassionate
Motion to Reduce, Petitioner asks the Court to reduce his
sentence under Federal Rule of Criminal Procedure 35.
Pet'r's Mot. Reduce 1. Rule 35 provides for
correcting or reducing a sentence only if the court is (1)
within 14 days of sentencing, correcting clear error, or (2)
the government has moved for a reduced sentence in light of
substantial assistance in investigating or prosecuting
another person. Fed. R. Crim. P. 35. Neither of those
subsections is applicable to Petitioner.
has been incarcerated since July 25, 2014 and has served
approximately 36 months of his 80 month sentence.
Petitioner's Motion to Reduce will be treated as a motion
implicating Amendment 782 because Petitioner appears to be
requesting a two-level guidelines reduction, and he refers to
the date that Amendment 782 became retroactive.
Pet'r's Mot. Reduce 1. “The scope of a
court's ability to modify a sentence is necessarily
limited, in order to promote the finality of criminal
judgments and sentences.” Rabb v. Wilson, No.
1:13CV999 TSE/TRJ, 2015 WL 731475, at *7 (E.D. Va. Feb. 19,
2015) (citing United States v. Fields, 442 Fed. 401,
405 (4th Cir. 2009)). “Congress has provided an
exception to that rule ‘in the case of a defendant who
has been sentenced to a term of imprisonment based on a
sentencing range that has subsequently been lowered by the
Sentencing Commission.' § 3582(c)(2).”
Dillon v. United States, 560 U.S. 817, 819 (2010).
While district courts can modify the sentences of defendants
who have been sentenced to a term of imprisonment that has
subsequently been lowered by the Sentencing Commission, they
do not have the jurisdiction to grant a motion for
reconsideration pertaining to a previously imposed sentence.
United States v. Goodwyn, 596 F.3d 233, 235-37 (4th
Cir. 2010). “Eligibility for consideration under 18
U.S.C. § 3582(c)(2) is triggered only by an amendment
listed in subsection (d) that lowers the applicable guideline
range.” U.S.S.G. § 1B1.10, Application Notes, n.
1(A). Thweatt was convicted of bank robbery pursuant to 18
U.S.C. § 2113(a) and sentenced under U.S.S.G. §
2B3.1(a). To be eligible for a reduction in sentence pursuant
to Amendment 728, a petitioner must have been convicted of a
drug offense and have been sentenced under U.S.S.G. §
2D1.1. U.S.S.G. Supp. App. C, Amend. 782. Thus, Thweatt is
ineligible for a reduced sentence pursuant to §
also moves for compassionate release pursuant to §
3582(c)(1)(A), citing the declining health of his eldest
daughter's mother. Pet'r's Mot. Compassionate
Release 1. The Court regrets to lean that Defendant's
daughter's mother is severely ill and in need of care
beyond that which his daughter can provide. However, the
Court lacks authority to consider this request because a
sentence may only be reduced based on “extraordinary
and compelling reasons” if the Director of the Bureau
of Prisons makes a motion on the incarcerated
individual's behalf. 18 U.S.C. § 3582(c)(1)(A);
Smith v. United States, Civ. No. RWT-13-1034, Crim.
No. RWT-10-761, 2015 WL 2452416, at *3 (D. Md. May 19, 2015).
Thweatt does not state that the Director has made such a
motion on his behalf, and the Court is not in receipt of any
such motion. Accordingly, the Court lacks jurisdiction to
consider Thweatt's request.
foregoing reasons, it is this 24th day of
July, 2017, hereby ORDERED that:
Petitioner's Motion to Reduce Sentence under 18 U.S.C.
§ 3582(c)(2), ECF No. 42, is DENIED; Petitioner's
Motion for Compassionate Release pursuant to 18 U.S.C. §
3582(c)(1)(A), ECF No. 44, is DENIED;
Clerk IS DIRECTED to file a copy of this Memorandum Opinion
and Order in Criminal No. PWG-14-474 and to MAIL a copy of it
 This amendment lowered the offense
levels for certain drug offenses. U.S.S.G. Supp. App. C,