Opinion
11-cr-21-bbc
05-09-2013
UNITED STATES OF AMERICA, Plaintiff, v. DUNG THI, Defendant.
ORDER
Defendant Dung Thi has filed a letter asking the court to amend his sentence so that he may qualify for the Second Chance program. I will construe his letter as a motion to modify his sentence and deny it.
I have no authority to reduce defendant's sentence. Once the sentencing court has imposed a sentence, the court loses jurisdiction to make any changes in the sentence except in two specific circumstances: (1) if the United States Government moves for a reduction in recognition of substantial assistance that the defendant has provided; or (2) if the court of appeals reverses defendant's conviction. Neither of these things has happened in this case, so I must deny defendant's motion. However, I have no objection to defendant's placement in a residential re-entry center if the Bureau of Prisons thinks it would be helpful to him.
ORDER
IT IS ORDERED that defendant Dung Thi's motion to modify his sentence is DENIED on the ground that the court lacks the authority to grant the relief requested.
BY THE COURT:
BARBARA B. CRABB
District Judge