Opinion
CIVIL ACTION NO. 1:08-CV-0076.
January 15, 2008
ORDER
AND NOW, this 15th day of January, 2008, upon consideration of petitioner's petition for writ of habeas corpus, in which he moves pursuant to 18 U.S.C. § 3583(e)(2) to modify his thirty-six month term of supervised release (Doc. 1), and it appearing that such a motion is properly presented to the sentencing court, see 18 U.S.C. § 3583(e)(1) — (3) (stating that the sentencing court has the authority to terminate, extend, modify, reduce, enlarge or revoke a term of supervised release), see also, United States v. Johnson, 529 U.S. 53, 60 (2000) (finding that "[t]he trial court, as it sees fit, may modify an individual's conditions of supervised release. § 3583(e)(2).") it is hereby ORDERED that the petition is DISMISSED WITHOUT PREJUDICE to petitioner's right to pursue the motion in the sentencing court. It is further ORDERED that petitioner's application to proceed in forma pauperis (Doc. 2) is GRANTED for the sole purpose of the filing of this action.
On March 14, 2003, in the matter of United States v. Patterson, 5:01-cr-00529, the United States District Court for the Northern District of New York sentenced petitioner to a ninety-two month term of imprisonment to be followed by thirty-six months of supervised release. See docket entry 32 of the electronic docket sheet found at https://pacer.uspci.uscourts.gov.