Opinion
Criminal No. 11-130 (SRC)
01-28-2013
UNITED STATES OF AMERICA, Plaintiff, v. ATIF MALIK, Defendant.
ORDER
This matter having come before the Court on Defendant's Motion for Reduction of Sentence [docket item # 40]; and
IT APPEARING that Federal Rule of Criminal Procedure 35, which governs the correction or reduction of a sentence, applies to the instant motion; and it further
APPEARING that Rule 35(b) provides that the government may move for a reduction of sentence for substantial assistance provided by the defendant in investigating or prosecuting another person; and it further
APPEARING that Rule 35 does not contemplate motions for the reduction of a sentence filed by a defendant; and it further
APPEARING that Defendant has no standing under Rule 35 to obtain the relief sought;
For the foregoing reasons,
IT IS on this 28th day of January 2013,
ORDERED that Defendant's Motion For Reduction of Sentence [docket item # 40] be and hereby is DENIED.
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Stanley R. Chesler, U.S.D.J.