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United States v. McCall

United States District Court, District of Montana, Great Falls Division

September 10, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
NANCY ALLISON McCALL, Defendant.

ORDER DENYING MOTION TO REDUCE SENTENCE

Brian M. Morris, United States District Court

On September 8, 2014, the Court received from Defendant McCall a motion to reduce her sentence based on post-sentencing rehabilitation.

McCall contends that Pepper v. United States, ___ U.S. ___, 131 S.Ct. 1229 (2011), supports a reduction of her sentence based on post-sentencing rehabilitation. It does not. The Pepper Court held that “when a defendant’s sentence has been set aside on appeal, a district court at resentencing may consider evidence of the defendant’s postsentencing rehabilitation.” 131 S.Ct. at 1236 (emphasis added). McCall’s sentence has not been set aside. There is no authority for reopening the final judgment. 18 U.S.C. § 3582(b), (c)(1)(B). Pepper provides none.

The Court appreciates McCall’s efforts, but sentencing is not an ongoing process. McCall’s sentence can be altered only under specific conditions, see 18 U.S.C. § 3582(c), and none are met here.

Accordingly, IT IS HEREBY ORDERED that McCall’s motion to reduce her sentence (Doc. 46) is DENIED.


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