Opinion
Case No. 3:06-cr-136-1
03-25-2014
UNITED STATES OF AMERICA, Plaintiff, v. SHANE PROFITT, Defendant.
DISTRICT JUDGE WALTER H. RICE
ORDER SUSTAINING DEFENDANT SHANE PROFITT'S MOTION TO WITHDRAW DOCUMENT (DOC. #124) AND OVERRULING AS MOOT DEFENDANT'S MOTION TO AMEND/CORRECT SENTENCE FOR CONCURRENT SENTENCE (DOC. #123)
Pending before the Court are two motions filed by Defendant Shane Profitt ("Defendant" or "Profitt"). On March 20, 2014, Profitt filed a Motion to Amend/Correct Sentence, requesting that the Court retroactively designate his federal sentence as concurrent with his state sentences. Doc. #123. On March 24, 2013, the Clerk received a letter from Profitt, requesting the withdrawal of the aforementioned motion, which was filed as a Motion to Withdraw Document. Doc. #124. As Profitt notes in the letter, the Bureau of Prisons has agreed to designate the Ohio prison where he served his state sentences nunc pro tunc as a place of federal confinement for the purpose of giving him credit against his federal sentence, in accordance with this Court's recommendation in its Decision and Entry (Doc. #1 22) of February 3, 2014. Profitt was not informed of the nunc pro tunc designation until after mailing the Motion to Amend/Correct Sentence, which he now seeks to withdraw because it has been rendered moot by the aforementioned designation. Accordingly, the Court SUSTAINS Profitt's Motion to Withdraw Document (Doc. #124), and OVERRULES AS MOOT Profitt's Motion to Amend/Correct Sentence (Doc. #123).
__________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE