Opinion
Civil Action No. 94-021.
October 7, 2008
MEMORANDUM OPINION AND ORDER
Before the Court is Ralph John Prepetit's motion for reduction of sentence to run sentences concurrent.
"A district court does not have inherent power to resentence defendants at any time." United States v. Lewis, 862 F.2d 748, 750 (9th Cir. 1988) (quotation omitted), cert. denied,489 U.S. 1032 (1989). The authority to change a sentence must derive from some federal statutory authority, most commonly Rule 35 of the Federal Rules of Criminal Procedure. Id. No such authority exists here. It is therefore
ORDERED that the motion is DENIED on the grounds that this Court lacks the authority to amend Prepetit's sentence.