United States of America v. Hudson et al

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IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CR-16-119-R-9
)
GARY HOLDEN SCHNEIDER, 	)
)
Defendant. 	)
ORDER
Before the Court is Defendant’s pro se Motion to Reduce Sentence [Doc. No. 1906]
seeking to reduce his term of supervised release under 18 U.S.C. § 3582(c)(2). The
government responded in opposition [Doc. No. 1914] and the matter is now at issue.
Defendant argues that he is eligible for a reduction in sentence pursuant to the
retroactive application of Amendment 821 of the United States Sentencing Guidelines but
he does not seek a reduction in his term of imprisonment. Instead, he represents that he has
almost entirely completed his term of imprisonment and therefore seeks a reduction in his
four-year term of supervised release. A motion under § 3582(c)(2) is not the proper vehicle
for this type of relief.
Section 3582(c)(2) provides that a district court may reduce a defendant’s “term of
imprisonment” if the defendant “was sentenced to a term of imprisonment based on a
sentencing range that has subsequently been lowered by the Sentencing Commission….”
Although this provision permits a district court to reduce a term of imprisonment under
some circumstances, it does not authorize a reduction in a term of supervised release. See
Case 5:16-cr-00119-R Document 1915 Filed 02/05/24 Page 1 of 2

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United States v. Wilson, 799 F. App'x 792, 793 (11th Cir. 2020). Rather, “[t]he proper way
to seek early termination of supervised release…is to move for such relief under 18 U.S.C.
§ 3583(e)(1)—not § 3582(c)(2).” Id.
If Defendant wishes to seek early termination of his supervised release, he must file
a motion pursuant to 18 U.S.C. § 3583(e)(1), which provides that a district court may
terminate a term of supervised release (after considering the appropriate factors) “at any
time after the expiration of one year of supervised release.”
Accordingly, Defendant’s Motion [Doc. No. 1906] is DISMISSED.
IT IS SO ORDERED this 5 th day of February, 2024.
Case 5:16-cr-00119-R Document 1915 Filed 02/05/24 Page 2 of 2