U.S. v. Mumin

Full title: UNITED STATES OF AMERICA, v. ISHAQ MUMIN a/k/a Michael Dent, Defendant

Court: United States District Court, S.D. New York

Date published: Apr 22, 2005

03 Crim. 0051 (LAK) (S.D.N.Y. Apr. 22, 2005)

Opinion

03 Crim. 0051 (LAK).

April 22, 2005

ORDER

LEWIS KAPLAN, District Judge

By letters dated April 6 and 12, 2005, defendant seeks an order "clarifying" the sentence imposed on September 28, 2004 in light of a disagreement between defendant and the Bureau of Prisons concerning the computation of defendant's release date.

It is far from clear that the Court may grant relief in the current posture of the case, even were it disposed to do so. The requirements of Fed.R.Crim.P. 35 have not been satisfied. There is no Section 2255 motion pending. Moreover, the typical vehicle for resolving disputes with the Bureau of Prisons concerning the calculation of sentences is exhaustion of administrative remedies followed by an action for judicial review of the Bureau's final determination.

Accordingly, the application is denied without prejudice to any appropriate application defendant cares to make.

SO ORDERED.