Opinion
08-20548
07-07-2022
UNITED STATES OF AMERICA, Plaintiff, v. BURTON NORFLEET (D-3), Defendant.
ORDER DENYING DEFENDANT'S LETTER REQUEST [209]
Nancy G. Edmunds United States District Judge
On December 9, 2015, Defendant pled guilty to one count of conspiracy to possess with intent to distribute a controlled substance (heroin) in violation of 21 U.S.C. §§ 841(a)(1), 846. (ECF No. 54.) On August 4, 2016, Defendant was sentenced to 120 months of imprisonment and judgment was entered. (ECF No. 89.) The matter is now before the Court on Defendant's letter request to remove a two-point enhancement imposed at sentencing so that he may receive credit for his participation in the Residential Drug Abuse Program (“RDAP”). (ECF No. 209.) Judgment was entered in this case years ago, however, and the Court does not have the authority to modify it at this time. See United States v. Foumai, 910 F.2d 617, 620 (9th Cir. 1990) (noting that judgments “ordinarily become final and unreviewable when the time for appeal and reconsideration has expired”). And while the Court commends Defendant on his efforts in the RDAP and other prison programs, it notes that the Bureau of Prisons has “full discretion to grant or withhold early release, even denying any early release to those prisoners who have already completed the RDAP.” See Cushenberry v. Fed. Med. Ctr., 530 F.Supp.2d 908, 914 (E.D. Ky. 2008). Thus, Defendant's letter request is DENIED.
SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon counsel of record on July 7, 2022, by electronic and/or ordinary mail.