Opinion
3:10-cr-00142-RCJ-VPC-1
09-23-2015
UNITED STATES OF AMERICA, Plaintiff, v. RUBEN DE LA PENA, Defendant.
ORDER
The Court sentenced Defendant to 120 months imprisonment, to be followed by five years of supervised release. Defendant asked the Court to reduce his sentence under 18 U.S.C. § 3582(c)(2) and Amendment 782 to U.S.S.G. § 1B1.10. The Court denied the motion because Defendant had been sentenced to the statutory minimum such that no retroactive amendment to the guideline range could aid him. See United States v. Sykes, 658 F.3d 1140, 1146 (9th Cir. 2011). The Court denied a successive motion.
Defendant has now filed a third similar motion, invoking a statute directing the Bureau of Prisons to award good time credit to qualified inmates. The Court may not interfere with the Bureau of Prisons's calculations except pursuant to a petition for a writ of habeas corpus under 28 U.S.C. § 2241, Ortiz-Sandoval v. Gomez, 81 F.3d 891, 895 & n.2 (9th Cir. 1996), and such a petition must be filed not in the district where the prisoner was sentenced, but in the district where he is incarcerated, Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). Defendant is incarcerated in Texas. The Court therefore denies the motion for lack of jurisdiction.
CONCLUSION
IT IS HEREBY ORDERED that the Motion for Sentence Relief (ECF No. 87) is DENIED.
IT IS SO ORDERED. Dated this 23rd day of September, 2015.
/s/_________
ROBERT C. JONES
United States District Judge