Opinion
Case No. 99 CR 688 TC.
June 15, 2004
ORDER
This matter is before the court on Defendant's Motion Requesting the Court Set Aside Fine in Criminal Case. Defendant asks the court to set aside the $5,100 fine imposed at sentencing due to Defendant's poverty and inability to pay. He further bases his motion on the fact that he is a married man and upon his release will be responsible for the welfare of his wife and two minor children. While the Defendant asserts his inability to pay the fine imposed, he provides the court with an extensive history of educational courses he has completed in an effort to rehabilitate himself, including courses dealing with heating, air conditioning and refrigeration.
This court lacks the authority to modify the term of imprisonment, including fines, and may only do so with an express grant of authority from Congress. U.S. v. Blackwell, 81 F.3d 945, 947 (10th Cir. 1996). Mr. Fashion cites no relevant statutory authority that would permit the court to make the modification he now seeks.
Accordingly, the motion is DENIED.