U.S. v. Skelton

Full title: UNITED STATES OF AMERICA v. JOHN RODNEY SKELTON, JR., Defendant

Court: United States District Court, S.D. Alabama, Northern Division

Date published: Jul 30, 2009

CRIMINAL CASE NO. 03-00186-CG-M (S.D. Ala. Jul. 30, 2009)

Opinion

CRIMINAL CASE NO. 03-00186-CG-M.

July 30, 2009

ORDER

CALLIE GRANADE, District Judge

This matter is before the court on the defendant's motion for reduction of sentence (Doc. 57). Because the court has no authority to grant a reduction of sentence for substantial assistance in investigating or prosecuting another person unless the motion is filed by the United States¹, the motion is DENIED.

1 Rule 35(b)(2), Federal Rules of Criminal Procedure

However, because the motion demonstrates that the defendant did, in fact, testify in a federal prosecution in Georgia, the United States is ORDERED to file a statement with the court indicating whether or not it intends to file a Rule 35 motion in this matter. If no Rule 35 motion is to be filed, the court requests that the United States correspond with the defendant and inform him why no motion is to be filed, with a copy to the court.

DONE and ORDERED.