U.S. v. Fergeson

Full title: UNITED STATES OF AMERICA, Plaintiff, v. SHAWN TYLER FERGESON, Defendant

Court: United States District Court, D. Utah, Central Division

Date published: Jul 26, 2004

Case No. 1:04-CR-00006 PGC (D. Utah Jul. 26, 2004)

Opinion

Case No. 1:04-CR-00006 PGC.

July 26, 2004

ORDER DENYING MOTION TO CORRECT SENTENCE

PAUL CASSELL, District Judge

Defendant Shawn Fergeson was sentenced on Thursday, June 3, 2004. On June 10, 2004, the government filed a motion to correct the sentence pursuant to Criminal Procedure Rule 35. In addition to being untimely, such a correction in this case would be improper. The government concedes, "The rule is not intended to allow a sentencing court to change its mind or to simply reinterpret the sentencing guidelines." Nevertheless, the government asks the court to do exactly that — to change its mind about whether Mr. Fergeson is entitled to a downward departure. Such change is not the type of "arithmetical, technical, or clear error" contemplated by a Rule 35(a).

Accordingly, the motion to change the sentence (#32-1) is DENIED.

SO ORDERED.