Opinion
Criminal Action 08-728.
October 4, 2010
OPINION
This matter comes before the Court upon application by Ms. Geraldine Manuel ("Defendant") to reconsider the restitution amount imposed as part of Ms. Manuel's criminal sentence. Although no legal basis was cited by Defendant, the relevant provisions for an application to reduce restitution imposed as part of a criminal sentence are Fed.R.Crim.Pro. 35 and Fed.R.Crim.Pro. 36. After considering the submissions of the parties, and based upon the following, the application is denied.
I. BACKGROUND
II. LEGAL STANDARD
III. DISCUSSION
In this case, there is no indication from Ms. Manuel or her counsel that the loss figure is either clear error or a mere mistake of arithmetic. Of the two figures proffered, the $116,815 that appears in the plea agreement, and the $600,000 that appears in the PSR, there is no basis on which this Court can conclude that the first is more accurate than the second. As the AUSA points out, the $600,000 loss amount was calculated after an extensive investigation by the government and was not speculative or accidental. Since there is no indication of clear error, the application is untimely pursuant to Rule 35(a), and since there is no technical, clerical or arithmetical mistake to correct, relief under Rule 36 is inapposite.
IV. CONCLUSION
For the foregoing reasons, Defendant's application for a reduction in the restitution component of her criminal sentence is denied. An appropriate order accompanies this opinion.
Dated: October 4, 2010