Opinion
Criminal Case No. 97-cr-00009-WYD.
February 5, 2008
ORDER
THIS MATTER is before the Court on Defendant's Motion Pursuant to Rule 21: Writs of Mandamus and Prohibition and Other Extraordinary Writs Concerning Rule 32.1 of the Federal Rules of Criminal Procedure (docket #152), filed December 21, 2007. On January 8, 2008, the Government filed its response. Having reviewed the motion, response, and considering the relevant law, I find that Defendant's motion should be denied for the reasons articulated below.
In his motion, the Defendant requests an immediate hearing and concurrent sentencing. I note that since the Defendant filed the instant motion, the United States Court of Appeals for the Tenth Circuit handed down its published opinion in United States v. Timothy Romero, No. 07-1298, on January 4, 2008. In this opinion, the Tenth Circuit denied similar challenges by the Defendant and upheld my Order, dated October 11, 2007, which denied without prejudice Defendant's request for a hearing and concurrent sentencing. Defendant simply has no present right to a hearing on revocation of his supervised release. Based on my previous order in this case and the recent Tenth Circuit opinion, I find that Defendant's motion is denied. Accordingly, it is
ORDERED that Defendant's Motion Pursuant to Rule 21: Writs of Mandamus and Prohibition and Other Extraordinary Writs Concerning Rule 32.1 of the Federal Rules of Criminal Procedure (docket #152) is DENIED.