United States District Court, E.D. North Carolina, Western Division
JAMES C. FOX, Senior District Judge.
This matter is before the court on Defendant's Motion for Reconsideration Reduction [DE-24]. In her motion, Defendant requests a reduction in her sentence based on rehabilitation programs she has completed while incarcerated.
In support of her claim for a sentence reduction, Defendant cites to Pepper v. United States, ___ U.S. ___, 131 S.Ct.1229, 179L.Ed.2d 196(2011). Pepperheldthat"whena defendant's sentence has been set aside on appeal and his case remanded for resentencing, a district court may consider evidence of a defendant's rehabilitation since his prior sentencing and that such evidence may, in appropriate cases, support a downward variance from the advisory Guidelines range." 131 S.Ct. at 1241. In this case, Pepper is not applicable because Defendant's sentence has not been set aside.
In light of the foregoing, Defendant's Motion for Reconsideration ...