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United States v. Henry

United States District Court, District of Columbia

June 20, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DOROTHY MAJU HENRY, Defendant.

          MEMORANDUM OPINION

          COLLEEN KOLLAR-KOTELLY UNITED STATES DISTRICT JUDGE

         Presently before the Court is Defendant Dorothy Maju Henry's [283] Motion to Address the United States Attorney (“Def.'s Mot.”). The Defendant, who is proceeding pro se, requests that the United States Attorney “file the appropriate motion on [her] behalf for a sentence reduction based on [her] programming and post-rehabilitation.” Def's Mot. [283] at 1. Upon a review of the parties' submissions, [1] the relevant authorities, and the record as a whole, the Court finds that the Defendant is not entitled to the requested relief. Accordingly, the Court shall DENY the Defendant's [283] Motion to Address the United States Attorney.

         I. BACKGROUND

         A. Procedural History

         Defendant Dorothy Maju Henry (“Defendant” or “Ms. Henry”) was charged with, tried on, and found guilty of (a) one count of conspiracy to import one kilogram or more of a substance containing a detectable amount of heroin into the United States from Kenya and elsewhere, and (b) two counts of distributing or causing the distribution of one kilogram or more of heroin outside the United States knowing that it would be imported into the United States. On January 5, 2005, the Court sentenced Ms. Henry to 288 months of imprisonment to be followed by five years of supervised release. See 1/05/2005 Minute Entry for Sentencing; 1/05/2005 Judgment as to Dorothy Maju Henry [182]. Ms. Henry filed a timely appeal and, on November 16, 2006, her conviction was upheld by the United States Court of Appeals for the District of Columbia Circuit in an unpublished opinion. See United States Court of Appeals Mandate [204]. Ms. Henry subsequently filed a [213] motion for relief under 28 U.S.C. § 2255, alleging ineffective of counsel, and that motion was denied by the Court on October 21, 2011. See Memorandum Opinion [233] and Final Order [234]. Ms. Henry filed a notice of appeal requesting a certificate of appealability, which was denied by the Court of Appeals in an unpublished [239] Order filed on September 20, 2012.

         On July 8, 2013, Ms. Henry moved for a correction of her sentence pursuant to 18 U.S.C. §3582(c), which was denied by the Court on February 28, 2014. See Memorandum Opinion [267] and Order [266]. Ms. Henry appealed from this Court's denial of her motion for a corrected sentence, and the Court of Appeals affirmed this Court's decision in an unpublished [277] Judgment filed on June 22, 2015. On May 19, 2016, Ms. Henry filed an [279] Unopposed Motion to Reduce Sentence pursuant to 18 U.S.C. § 3582(c), citing to Amendment 782 of the United States Sentencing Commission's Guidelines Manual. On that same day, this Court granted the Defendant's [279] Unopposed Motion, which reduced Ms. Henry's previously imposed sentence of imprisonment from 288 months to 230 months. See Order [281]. Defendant thereafter filed the instant [283] Motion to Address the United States Attorney, and the Government filed its [288] Response to Defendant's Motion (“Govt.'s Resp.”) on June 13, 2017.

         B. Defendant's Request for a Sentence Reduction

         Defendant asserts that she was sentenced to “a concurrent prison term consisting of 288 months on count one, Conspiracy to Import One Kilogram or More of Heroin Intending and Knowing that the Heroin will be Unlawfully Imported into the United States, and counts two and three, Distribution of a Controlled Substance for the purpose of Unlawful Importation and Aiding and Abetting.” Def.'s Mot. at 1. “This sentence was based on a sentencing guideline range under the United States Sentencing Guidelines of 235 to 293 months (Criminal History Category of I, Total Offense Level 38).” Id. Defendant requests that the United States Attorney “file an appropriate motion on [her] behalf for a sentence reduction based on [her] programming and post-rehabilitation.” Id. Ms. Henry indicates that she has “taken classes, programs and workshops to better [her]self for society [and] [t]hese new skills will enable [her] to seek employment that would allow [her] to provide for [her]self and [her] family.” Def.'s Mot. at 2. Defendant further asserts that she has been “incarcerated for nearly 14 years [without] receiv[ing] any disciplinary infractions.” Id.

         II. LEGAL STANDARD

         Pursuant to 18 U.S.C. § 3582, which addresses modification of a term of imprisonment:

The court may not modify a term of imprisonment once it has been imposed except that - -
(1) in any case - -
(A) the court, upon motion of the Director of the Bureau of Prisons, may reduce the term of imprisonment . . ., after considering the factors set forth in section 3553(a) to the ...

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