Opinion
Crim. No. 03-490 (DMC).
May 26, 2010
ORDER
This matter comes before the Court upon motion by Isaias Gutierrez Nunez ("Petitioner") for a sentencing adjustment filed on December 27, 2009, purportedly pursuant to 18 U.S.C. § 3642(c) and § 3553(a); this Court, having carefully considered the parties' submissions;
WHEREAS the Petitioner was sentenced on March 21, 2005;
WHEREAS the Court finds that Petitioner's motion for sentencing adjustment is governed by Fed.R.Crim.P. 35(a);
WHEREAS the Court finds Petitioner's motion for sentencing adjustment to be untimely, pursuant to Fed.R.Crim.P. 35(a) ;
Pursuant to Fed.R.Crim.P. 35(a), the Court may correct a sentence that resulted from error within 14 days after sentencing.
WHEREAS Petitioner's only remaining alternative to seek adjustment of an allegedly illegal sentence is pursuant to 28 U.S.C. § 2255; WHEREAS even if the Court construes Petitioner's motion as one under 28 U.S.C. § 2255, this remedy has been exhausted, as Petitioner filed a petition under § 2255 on December 29, 2005, and the Court ultimately denied it on July 7, 2007; IT IS on this 26 day of May, 2010;
Moreover, the Court notes that the statute of limitations has expired for any further motions under 28 U.S.C. § 2255.
ORDERED that Petitioner's motion for a sentencing adjustment is denied.