Opinion
Case No.: CR-2-99-061.
February 27, 2009
ORDER
This matter is before the Court on Defendant Ricky Cooper's pro se Motion for Reconsideration of Modification of Sentence pursuant to 18 U.S.C. § 3582(c)(2) (Doc. 162). This Motion was filed on February 13, 2009. On February 17, 2009, the Government filed its response in opposition to Defendant's Motion (Doc. 163). This Motion is now ripe for review.
On April 29, 2008, the Court granted Defendant Cooper's Motion for Reduction of Sentence pursuant to Amendment 706 to the Sentencing Guidelines (Doc. 159). Defendant is now seeking reconsideration of the Court's previous Order arguing again that his initial sentence was illegal. Defendant's argument that his original sentence was illegal was already decided in the Court of Appeals which ultimately found no Apprendi error in the original sentence. Therefore, that decision is final and cannot be relitigated in this Court. Further, after this Court granted Defendant's initial Motion for Reduction of Sentence, he filed a Notice of Appeal (Doc. 160). The pendency of an appeal divests the District Court of jurisdiction over matters pertaining to the appeal. See United States v. Holloway, 740 F.2d 1373, 1382 (6th Cir. 1984).
Therefore, the Court finds that there is no basis to reconsider the Court's Order on Defendant's original Motion for Reduction of Sentence. Accordingly, Defendant's Motion for Reconsideration is DENIED.
The Clerk shall remove Document 162 from the Court's pending motions list.