Opinion
DOCKET NO. 96-CR-20003.
July 10, 2007
ORDER
Before the Court is a "Motion for Downward Departure/Request for Evidentiary Hearing Pursuant to 18 U.S.C. 3553(e) and U.S.S.G. 5K1.1, 5K2.0 or Rule 35" filed by Petitioner, Benjamin Lutcher, Jr. Petitioner is requesting that the Court grant a downward departure or his current sentence because he "rendered and voluntarily provided substantial assistance in the solving of a cold case murder which lead to a subsequent conviction," of Johnny Clophus. The Court has reviewed the motion and is of the opinion that this matter should be referred to the United States Attorney for a response. Accordingly,
Petitioner's motion, p. 7.
THE CLERK IS DIRECTED to serve a copy of the motion with attachments and a copy of this Order on the United States Attorney for the Western District of Louisiana.
THE CLERK IS FURTHER DIRECTED to serve Petitioner with a copy of this order.
IT IS ORDERED that the government file a response pertaining to Petitioner's motion within sixty (60) days of this order. Petitioner shall have twenty (20) days to file a reply.