Opinion
No. CR 92-00126 SBA [Docket No. 209].
October 20, 2008
ORDER
Before the Court is defendant's Rule 35 Motion, Section (B) Reduce, Vacate, or Set Aside (the "Motion") [Docket No. 209]. Defendant is in custody and seeks release from the United States Bureau of Prisons allegedly to assist federal and local law enforcement officials as a confidential informant. Defendant seeks release under Federal Rule of Criminal Procedure 35(b). This subdivision only provides for a reduction in sentence on motion made by the government, after sentencing, requesting such a reduction, for substantial assistance provided by a defendant to the government, post-sentencing. Fed.R.Crim.P. 35(b)(1)-(2). The government has not made such a motion, nor is it clear defendant has of yet provided any assistance to any law enforcement officials. The Court thus DENIES the Motion without prejudice.
IT IS SO ORDERED.