U.S. v. Camarato

Full title: UNITED STATES OF AMERICA, Plaintiff, v. DAVID JOHN CAMARATO, Defendant

Court: United States District Court, D. Oregon

Date published: Aug 30, 2011

CR No. 04-30044-AA (D. Or. Aug. 30, 2011)

Opinion

CR No. 04-30044-AA.

August 30, 2011

OPINION AND ORDER

ANN AIKEN, District Judge

Defendant, appearing pro se, requests that the court remove references to a firearms and related convictions contained in his Presentence Investigation Report, which resulted in a two-level enhancement of his sentencing offense level. Defendant's request is based on the apparent denial by the Bureau of Prisons (BOP) to award plaintiff good-time credit upon completion of the Residential Drug Abuse Program (RDAP).

However, the statute of limitations for bringing a § 2255 motion to correct or modify his sentence has long passed, and defendant's motion would be a successive motion which is prohibited absent approval from the Ninth Circuit. See 28 U.S.C. § 2255(f) ("A 1-year period of limitation shall apply to a motion under this section."); see also id. §§ 2244(b)(3)(A).

Accordingly, defendant's petition for relief (doc. 39) is DENIED. IT IS SO ORDERED.

Dated this 28 day of August, 2011.