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United States v. Collins

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON
Sep 18, 2017
CRIMINAL NO. 2:12-00102 (S.D.W. Va. Sep. 18, 2017)

Opinion

CRIMINAL NO. 2:12-00102

09-18-2017

UNITED STATES OF AMERICA v. SHAVON V. COLLINS


MEMORANDUM OPINION AND ORDER

Pending before the court is defendant's letter form motion asking the court to reduce his sentence. (ECF No. 61). The court may not modify a term of imprisonment once it has been imposed except in very limited circumstances, none of which are present here. See 18 U.S.C. § 3582(c); U.S. v. Hudson, 44 F. App'x 457, 457, 2002 WL 1980686 (10th Cir. Aug. 29, 2002); U.S. v. Fraley, 988 F.2d 4, 6 (4th Cir. 1993). Accordingly, defendant's motion to reduce sentence is DENIED.

In his pro se letter, Collins also challenges the computation of his sentence by the Bureau of Prisons. If Collins wishes to challenge the BOP's calculation of his sentence, such a claim may be pursued in a petition under 28 U.S.C. § 2241 and must be filed in the federal district court for the district in which Collins is confined. See United States v. Haywood, 681 F. App'x 290, 291 n.* (4th Cir. Mar. 17, 2017); United States v. Miller, 871 F.2d 488, 490 (4th Cir. 1989). --------

The Clerk is directed to send a copy of this Memorandum Opinion and Order to defendant, counsel of record, and the Probation Office of this court.

It is SO ORDERED this 18th day of September, 2017.

ENTER:

/s/_________

David A. Faber

Senior United States District Judge


Summaries of

United States v. Collins

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON
Sep 18, 2017
CRIMINAL NO. 2:12-00102 (S.D.W. Va. Sep. 18, 2017)
Case details for

United States v. Collins

Case Details

Full title:UNITED STATES OF AMERICA v. SHAVON V. COLLINS

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON

Date published: Sep 18, 2017

Citations

CRIMINAL NO. 2:12-00102 (S.D.W. Va. Sep. 18, 2017)