Opinion
Case No. 2:88-cr-00103-LDG
02-08-2013
UNITED STATES OF AMERICA, Plaintiff, v. JACK HOWARD POSTER, Defendant.
ORDER
The defendant, Jack Poster, has filed a document he captions as "Motion for Reduction of Sentence by a Person not in Federal Custody from One Count Felony Filing a False Tax Return to One Count Misdemeanor Filing a False Tax Return" (#158). As suggested by the caption, the defendant is not seeking a reduction of his sentence, but a reduction of his felony conviction to a misdemeanor conviction.
As the defendant correctly concedes in his reply, this Court lacks authority to reduce a felony conviction to a misdemeanor conviction. Accordingly, for good cause shown,
THE COURT ORDERS that Defendant's Motion for Reduction of Sentence by a Person not in Federal Custody from One Count Felony Filing a False Tax Return to One Count Misdemeanor Filing a False Tax Return" (#158) is DENIED.
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Lloyd D. George
United States District Judge