Opinion
CR. 20-00172-002-CG
03-20-2024
UNITED STATES OF AMERICA v. VLADIMIR RIVAS-RIVAS, Defendant.
ORDER
CALLIE V. S. GRANADE SENIOR UNITED STATES DISTRICT JUDGE
This matter is before the Court on a motion for reconsideration. (Doc. 159). Defendant asks the Court to reconsider its order (Doc. 142) denying his Motion to Reduce Sentence Re: USSC Amendment 821.
Courts “have permitted motions for reconsideration in criminal cases notwithstanding the fact that the Federal Rules of Criminal Procedure do not provide for them.” United States v. Phillips, 597 F.3d 1190, 1199 (11th Cir. 2010). Such motions “are evaluated under the same standards utilized in civil cases.” United States v. Sencan, Cr. No. 13-00117, 2013 WL 6237455 (S.D. Ala. Dec. 3, 2013). A party seeking reconsideration must demonstrate: “(1) an intervening change in controlling law; (2) the availability of new evidence; or (3) . . . clear error or manifest injustice.” Lamar Advert. of Mobile, Inc. v. City of Lakeland, Fla., 189 F.R.D. 480, 489 (M.D. Fla. 1999). Disagreement with the Court's ruling is not a ground for reconsideration, See Id., but that is essentially the basis of Defendant's motion. Therefore, the motion for reconsideration is DENIED.