Opinion
CR No. 04-3Q044-AA
08-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. DAVID JOHN CAMARATO,
OPINION AND ORDER
AIKEN, Judge:
Defendant, appearing pro se, requests that the court remove references to a firearms and related convictions contained in his Presentence Investigation Report, which resulted in a two-level enhancement of his sentencing offense level. Defendant's request is based on the apparent denial by the Bureau of Prisons (BOP) to award plaintiff good-time credit upon completion of the Residential Drug Abuse Program (RDAP).
However, the statute of limitations for bringing a § 2255 motion to correct or modify his sentence has long passed, and defendant's motion would be a successive motion which is prohibited absent approval from the Ninth Circuit. See 28 U.S.C. § 2255(f) ("A 1-year period of limitation shall apply to a motion under this section."); see also id. §§ 2244(b) (3) (A) .
Accordingly, defendant's petition for relief (doc. 39) is DENIED, IT IS SO ORDERED.
Ann Aiken
United States District Judge