Douglas v. USA - 2255

Filing 2

MEMORANDUM. Signed by Judge Catherine C. Blake on 5/24/11. (c/m 5/24/11 jnls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
VIRGINIA DOUGLAS #13892-052

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Petitioner

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UNITED STATES OF AMERICA

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Respondent

Civil Action No.CCB-11-1146
(Related Crim Case CCB-98-315)

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MEMORANDUM

The above-captioned case was filed April 29, 2011, and was docketed as a motion to
vacate pursuant to 28 U.S.C. §2255. ECF No. 101. Upon review of the motion, it is more
appropriately construed as a motion for sentence reduction filed pursuant to 18 U.S.C. §3582.
Thus, the civil case shall be closed and the motion for sentence reduction will be considered
solely in connection with the criminal case.
Douglas asserts that she is entitled to a downward departure on her sentence because
post-rehabilitation considerations were not considered by the court at time of sentencing. ECF
No. 101. She contends that the Supreme Court’s decision in Pepper v. United States,__ U.S.__,
131 S. Ct. 1229 (2011), authorizes the court to take petitioner’s post-sentencing rehabilitation
efforts into consideration.
Douglas’s claim fails. Her sentence has not been set aside on appeal, nor has any change
in the sentencing guildelines applicable to her sentence occurred to render her eligible for a
sentence modification under § 3582. See 18 U.S.C. §3582(c)(2). The decision in Pepper
concerns resentencing considerations after a sentence has been set aside on appeal. See Pepper,
131 S. Ct. at 1236, see also Dillon v. United States __ U.S.__, 130 S. Ct. 2683, 2690-92 (2011)
(motion under §3582(c)(2) is not a form of resentencing). Pepper is factually distinct from this

case.
Petitioner has failed to state a viable ground for relief under 18 U.S.C. §3582 and the
motion must be denied. A separate order follows.

May 24, 2011
Date

/s/
Catherine C. Blake
United States District Judge

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