U.S. v. Bosworth, 2:09-cr-00052-ODW. (2018)
Court: District Court, C.D. California
Number: infdco20180604562
Visitors: 24
Filed: Jun. 01, 2018
Latest Update: Jun. 01, 2018
Summary: ORDER DENYING DEFENDANT'S MOTION FOR EARLY RELEASE OTIS D. WRIGHT, II , District Judge . On May 10, 2018 Bosworth filed a motion pursuant to 18 USC 3582(c)(2) for modification of his sentence. [DE-201]. Concurrently, he filed a motion for release from custody "based on the immediacy of the effect a favorable ruling would have on Petitioner's collateral and concurrently filed MOTION PURSUANT TO 18 USC 3582(c)(2), []." Mtn at p. 1.) The entire basis of the motion for release is Bosworth's
Summary: ORDER DENYING DEFENDANT'S MOTION FOR EARLY RELEASE OTIS D. WRIGHT, II , District Judge . On May 10, 2018 Bosworth filed a motion pursuant to 18 USC 3582(c)(2) for modification of his sentence. [DE-201]. Concurrently, he filed a motion for release from custody "based on the immediacy of the effect a favorable ruling would have on Petitioner's collateral and concurrently filed MOTION PURSUANT TO 18 USC 3582(c)(2), []." Mtn at p. 1.) The entire basis of the motion for release is Bosworth's a..
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ORDER DENYING DEFENDANT'S MOTION FOR EARLY RELEASE
OTIS D. WRIGHT, II, District Judge.
On May 10, 2018 Bosworth filed a motion pursuant to 18 USC § 3582(c)(2) for modification of his sentence. [DE-201]. Concurrently, he filed a motion for release from custody "based on the immediacy of the effect a favorable ruling would have on Petitioner's collateral and concurrently filed MOTION PURSUANT TO 18 USC§ 3582(c)(2), []." Mtn at p. 1.) The entire basis of the motion for release is Bosworth's anticipation that his motion to "correct" his sentence would receive a favorable ruling. It did not in fact receive a favorable ruling. No correction of the sentence is warranted. He complained about not receiving "acceptance of responsibility" credit. He did receive a three-level reduction in the calculation of his guidelines range for his acceptance of responsibility. What he fails to understand is that he received an above guidelines sentence due to the 3553(a) factors cited.
Bosworth's motion for release from custody is DENIED.
IT IS SO ORDERED.
Source: Leagle
