Opinion
CAUSE NO.: 2:01-CR-185-TS.
January 8, 2009
OPINION and ORDER
Before the Court is the Defendant's Motion to Withdraw Motion to Vacate Under 28 U.S.C. § 2255 and Motion to Modify Under 18 U.S.C. § 3582(c)(2) [DE 581], filed on December 31, 2008. The Defendant asks the Court to dismiss the Motions in light of the Court's ruling of December 30, 2008, (see DE 579), granting the Government's Motion to Reduce Sentence [DE 573] under Federal Rule of Criminal Procedure 35.
The Court in a December 28, 2008, Order [DE 572] already denied the Motion to Modify Sentence under 18 U.S.C. § 3582(c)(2) [DE 563], which was filed pro se on November 3, 2008, and thus that part of the Defendant's pending Motion is moot and will be DENIED as such.
The Court GRANTS IN PART the Defendant's Motion [DE 581] to withdraw the pro se Motion to Vacate under 28 U.S.C. § 2255 [DE 560], as the Defendant requests. The Clerk is ORDERED to term the Motion to Vacate [DE 560].
So ORDERED.