Opinion
Case No. 1:01-CR-100.
February 21, 2006
ORDER DENYING MOTION TO CLARIFY OR CORRECT SENTENCE
On January 24, 2006, the Court sentenced defendant to the custody of the Bureau of Prisons for a term of 120 days. The Court indicated on the Judgment that it had no objection to the defendant serving his term of incarceration in a half-way house setting with electronic tether.
Now before the Court is defendant's motion to clarify or correct sentence (docket #43). It appears the defendant would like the Court to correct its sentence as the Bureau of Prisons will not honor a judicial recommendation that a term of confinement be served by community confinement or tether.
The Court will respectfully DENY the defendant's motion as the reference to a half-way house setting was solely a recommendation, as this Court is aware it is the responsibility of the Bureau of Prisons to determine where a defendant serves his or her term of incarceration.