U.S. v. Salazar-Garcia

Full title: UNITED STATES OF AMERICA PLAINTIFF v. JULIO CESAR SALAZAR-GARCIA DEFENDANT

Court: United States District Court, W.D. Arkansas, Fayetteville Division

Date published: Sep 16, 2008

Case No. 07-50034-002 (W.D. Ark. Sep. 16, 2008)

Opinion

Case No. 07-50034-002.

September 16, 2008

ORDER

JIMM HENDREN, District Judge

Currently before the Court is the defendant's Motion to Modify Fine Imposed (Doc. 69). The Court, being and well and sufficiently advised, finds and orders as follows with respect thereto:

1. Defendant seeks to set aside the $10,000.00 fine imposed by the Court, asserting that he is unable to pay it as he earns only $5.25 a month in prison. The Government opposes defendant's motion.

2. 18 U.S.C. § 3573, the statutory authorization to petition for remission or modification of a fine, is only available to the Government and not the defendant. See United States v. Chacon-Vega, 2008 W.L. 313612, *1 (8^th Cir. 2008). Further, as defendant is not in custody in this district, he cannot seek relief under 28 U.S.C. § 2241 in this Court. See id. Finally, a challenge to the imposition of a fine is not cognizable in a 28 U.S.C. § 2255 proceeding. See id.

3. Accordingly, the Court finds that it lacks jurisdiction over the defendant's Motion to Modify Fine Imposed (Doc. 69). The motion is, therefore, DISMISSED WITHOUT PREJUDICE.

Defendant's Application to Proceed In Forma Pauperis (Doc. 68) is DENIED as moot.

IT IS SO ORDERED.