UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 06-cr-161-JD

Eugene Williams

O R D E R

Eugene Williams, now proceeding pro se, moves to reduce his

sentence because he cannot afford to obtain a residence and a

telephone, which will be necessary upon his release at the end of

his term of imprisonment, while paying rent for the halfway house

where he is currently residing. He asks that the court eliminate

the last months of his term of imprisonment and allow him to

begin serving the three years of supervised release. The

government objects to early release on the grounds that Williams

does not meet the requirements for sentence modification under 18

U.S.C. § 3582(c).

Background

In March of 2008, Williams pleaded guilty to four counts of

distributing cocaine and cocaine base crack. He was sentenced to

concurrent terms of ninety-six months of imprisonment on each

count to be followed by three years of supervised release. 

Williams represents that he served his time at FCI-Fairton in New

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Jersey until he moved to Hampshire House in Manchester, New

Hampshire, and that he has done very well during his prison time. 

The government states that Williams’s expected release date

is September 10, 2013. The government also states that the

Bureau of Prisons has qualified Williams for home confinement. 

If Williams is compliant at Hampshire House, maintains his

employment, and finds a suitable residence, the Bureau could

choose to place him in home confinement before his release date. 

While at Hampshire House, Williams is working at E & R

Cleaners. Williams explains that twenty-five percent of his pay

is deducted to pay rent at Hampshire House and another twentyfive percent is put into a savings account. In preparation for

the supervised release portion of his sentence, Williams has

rented a room, for $135.00 per week, and he anticipates that his

telephone bill will be about $29.00 per month. He states that he

could afford his expenses if he were released from Hampshire

House and did not have to continue to pay rent there. 

Discussion

“Once a district court imposes a term of imprisonment, it

may modify that term only to the extent authorized by 18 U.S.C.

§ 3582(c).” United States v. Griffin, 524 F.3d 71, 83 (1st Cir.

2008). When the Director of the Bureau of Prisons moves for a

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reduction in the term of imprisonment, the court may modify the

sentence because extraordinary or compelling reasons warrant the

modification or because the defendant is at least seventy years

old and has served at least thirty years in prison. 18 U.S.C. §

3582(c)(1)(A). The court, without a motion from the Director,

may modify a term of imprisonment on the grounds provided by a

statute or under Federal Rule of Criminal Procedure 35. The

court also may modify a term of imprisonment, sua sponte or on

the defendant’s or the Director’s motion, when the applicable

sentencing range was subsequently lowered by the Sentencing

Commission. § 3582(c)(2).

As the government contends, none of the bases for modifying

a sentence under § 3582(c) applies to Williams’s case. While

Williams’s reasons for seeking early release are commendable, his

situation does not meet the requirements of § 3582(c). The

Director of the Bureau of Prisons has not moved for a sentence

modification, and the government did not seek a reduction under

Rule 35. Williams is not at least seventy years old and has not

served at least thirty years in prison. In the absence of

statutory authority, the court cannot modify Williams’s sentence. 

Griffin, 524 F.3d at 84.

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Conclusion

For the foregoing reasons, the defendant’s motion for

sentence reduction (document no. 82) is denied.

SO ORDERED.

____________________________

Joseph A. DiClerico, Jr.

United States District Judge

May 9, 2013

cc: Seth R. Aframe, Esquire

Jennifer C. Davis, Esquire

John T. Pendleton, Esquire

Eugene Williams, pro se

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