Opinion
CR No. 97-183-2-FR
April 14, 2001
Kristine Olson United States Attorney Allan M. Garten Assistant United States Attorney Portland, Oregon Attorneys for Plaintiff.
Rickie Darnell Sykes Reg. No. 61955-065 USP Lompoc Lompoc, California Defendant Pro Se.
OPINION AND ORDER
In the matter before the court, the defendant, Rickie Darnell Sykes, moves the court for an order reducing or modifying his sentence pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure. Defendant Sykes requests that the court enter an order modifying the fines and restitution in the judgment of conviction.
Rule 35(b) of the Federal Rules of Criminal Procedure provides that the court may reduce a sentence to reflect a defendant's subsequent substantial assistance in investigating or prosecuting another person "[i]f the government so moves within one year after the sentence is imposed." The government has not moved for a reduction in the sentence which was imposed on April 26, 1999.
There is no legal or factual basis to reduce or modify the defendant Sykes' sentence pursuant to Rule 35(b).
IT IS HEREBY ORDERED that the Ex Parte Application for an Order Reducing or Modifying Sentence Pursuant to Rule 35(b) Fed. Rule Crim. Proc. filed by defendant Rickie Darnell Sykes (#767) is DENIED.