govinfo:USCOURTS-okwd-5_23-cr-00039-1

IN THE UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF OKLAHOMA 
 
UNITED STATES OF AMERICA, 
 
   Plaintiff, 
 
-vs- 
 
KRISTY KAY LEBOEUF, 
 
   Defendant. 
) 
) 
) 
) 
) Case No. CR-23-39-F 
) 
) 
) 
) 
 
 
ORDER 
 The court is in receipt from defenda nt of a “Motion for Reconsideration 18 
U.S.C. [§] 3742(e) Post Sentencing Rehabilita tion Programming.”  Doc. no. 76.    
Upon review, the court concludes a response from the government is not required. 
 In her motion, defendant requests a reduction of sentence pursuant to 18 
U.S.C. § 3742(e) based upon her post-senten cing rehabilitation efforts.  According 
to defendant, she has received “15 certificates” since her incarceration in June 2024.  
Defendant primarily relie s upon Pepper v. United States, 562 U.S. 476 (2011), in 
support of her motion.  Howe ver, in Pepper, the Supreme Court held that a district 
court may consider evidence of a defenda nt’s post-sentencing rehabilitation “when 
a defendant’s sentence has been set as ide on appeal and [h er] case remanded for 
resentencing[.]”  Id. at 490-91.  In this case, defendant’s sentence has not been set 
aside by the Tenth Circuit Court of App eals and remanded to this court for 
resentencing.  Consequently, § 3742(e) and Pepper do not provide authority for the 
Case 5:23-cr-00039-F     Document 77     Filed 01/21/25     Page 1 of 2
2 
court to reduce defendant’s sentence. 1  As such, defendant is not eligible for a 
sentence reduction under § 3742(e), and the court finds defendant’s motion should 
be dismissed. 
  Accordingly, defendant Kristy Kay Leboeuf’s “Motion for Reconsideration 
18 U.S.C. [§] 3742(e) Post -Sentencing Rehabilitation Programming” (doc. no. 76), 
is DISMISSED.    
DATED this 21st day of January, 2025. 
 
  
  
  
 
 
 
23-0039p014.docx 
 
1   In addition, the other case authority, cited by defendant, does  not provide authority to reduce 
defendant’s sentence under § 3742(e). 
Case 5:23-cr-00039-F     Document 77     Filed 01/21/25     Page 2 of 2

Passage view · GavelSight