Opinion
Case No. 98-40008-03-JAR
February 19, 2004
MEMORANDUM AND ORDER DENYING DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE
This matter is before the Court on defendant's pro se Motion for Reduction of Sentence (Doc. 114). The Court has thoroughly reviewed the pleadings and the record, and concludes that the defendant is not entitled to relief and the Court therefore denies the Motion for Reduction of Sentence.
This matter has been assigned to the undersigned Judge, because the Honorable Dale E. Saffels, who sentenced this defendant, is now deceased.
Defendant brings his motion under Fed.R.Crim.P. 35, seeking a reduction in his sentence based on the fact that he has "conducted himself as a model prisoner and demonstrated his ambition to change." The government does not dispute that the defendant has been an exemplary prisoner and that he is to be commended for his rehabilitation. The government also accurately points out that the defendant's post conviction rehabilitation is considered by the Bureau of Prisons in assessing "good time credits."
Rule 35 of the Federal Rules of Criminal Procedure affords the defendant no relief, however. Rule 35(a) is not applicable, as it allows the Court to "correct a sentence that resulted from arithmetical, technical, or other clear error," within 7 days of after sentencing. This defendant was sentenced in 1998. Rule 35(b) is not applicable either, as it allows for a reduction in sentence based on a defendant's substantial assistance; but this motion can be filed only by the government.
IT IS THEREFORE ORDERED that the defendant's motion under Rule 35 (Doc. 114) is DENIED.