Opinion
Case No. 2:07-cr-179(1).
April 21, 2009
ORDER
This matter is before the Court on Defendant Donald F. Green's Motion to Recalculate Defendant's Guidelines and be Sentenced in Accordance Therewith (Doc. 266). Green requests a recalculation of his guideline range because of a mistake in the tax obligation used to determine his guideline range. Green asserts that his tax obligation for the year 2003, evidenced by an amended tax return he filed after he was sentenced, is $61,617, rather than the $100,332.97 figure used in the original calculation. Green was sentenced to a term of 36 months; using the new tax liability figure, he alleges that his sentence should be reduced to 30 months.
Green provides no authority allowing the Court to recalculate his guideline range. The Government points to Rule 35(a) of the Federal Rules of Criminal Procedure, which reads, "Within 14 days after sentencing, the court may correct a sentence that resulted from arithmetical, technical or other clear error." Green filed his Motion ten months after he was sentenced. The scope of Rule 35(a) is narrow, and the 14-day time limit is strict. See United States v. Arroyo, 434 F.3d 835, 838 (6th Cir. 2006). Because Green's Motion was not timely filed, the Motion is DENIED.