Filed: Mar. 07, 2019
Latest Update: Mar. 07, 2019
Summary: ORDER DENYING MOTION FOR RECONSIDERATION BETH BLOOM , District Judge . THIS CAUSE is before the Court on the Government's Motion for Reconsideration of Dismissal Order ("Motion"), ECF No. [53]. The Court has considered the Motion, the Defendant's Response in Opposition, ECF No. [54], and is otherwise fully advised. For the following reasons, the Motion is denied. The Government asks the Court to reconsider its ruling dismissing the Superseding Indictment against the Defendant. The Federal
Summary: ORDER DENYING MOTION FOR RECONSIDERATION BETH BLOOM , District Judge . THIS CAUSE is before the Court on the Government's Motion for Reconsideration of Dismissal Order ("Motion"), ECF No. [53]. The Court has considered the Motion, the Defendant's Response in Opposition, ECF No. [54], and is otherwise fully advised. For the following reasons, the Motion is denied. The Government asks the Court to reconsider its ruling dismissing the Superseding Indictment against the Defendant. The Federal ..
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ORDER DENYING MOTION FOR RECONSIDERATION
BETH BLOOM, District Judge.
THIS CAUSE is before the Court on the Government's Motion for Reconsideration of Dismissal Order ("Motion"), ECF No. [53]. The Court has considered the Motion, the Defendant's Response in Opposition, ECF No. [54], and is otherwise fully advised. For the following reasons, the Motion is denied.
The Government asks the Court to reconsider its ruling dismissing the Superseding Indictment against the Defendant. The Federal Rules of Criminal Procedure do not provide for motions for reconsideration. In ruling on a motion for reconsideration in a criminal case, federal district courts apply civil standards and exercise substantial discretion. See United States v. Sabooni, No. 09-20298-CR, 2014 WL 4385446, at *1 (S.D. Fla. Sept. 4, 2014) (Seitz, J.) (citing United States v. Pugh, 426 F. App'x 876, 876 (11th Cir. 2011)). "The only grounds for granting a motion for reconsideration are newly-discovered evidence or manifest errors of law or fact." Smith v. Ocwen Fin., 488 F. App'x 426, 428 (11th Cir. 2012) (citing Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007)). "A motion for reconsideration should not simply rehash previously litigated issues[.]" United States v. Russo, No. 11-6337-RSR, 2011 WL 3044844, at *1 (S.D. Fla. July 25, 2011) (Rosenbaum, J.); see also Smith, 488 F. App'x at 428 ("A motion for reconsideration cannot be used to relitigate old matters, raise arguments, or present evidence that could have been raised prior to the entry of judgment" (citing Arthur, 500 F.3d at 1343))).
In its Motion, the Government rehashes essentially the same arguments raised in its Response to the Defendant's Motion for Dismissal, during argument at calendar call, and in its Response to Defendant's Supplemental Memorandum. The Government disagrees with the Court's conclusion that the Government has failed to identify any federal statute or regulation prescribing an Order of Supervision as evidence of authorized stay in the United States. Yet the Government fails to point to any new facts or law, demonstrate clear error or manifest injustice, or identify any federal statute or regulation that would require the Court to change its prior finding.1 Simply put, the Government's arguments amount to "mere disagreement" with the Court and do not warrant reconsideration. See Linet Inc. v. Village of Wellington, Florida, 408 F.3d 757, 763 (11th Cir. 2015) (affirming denial of reconsideration where plaintiff merely "disagreed with the district court's treatment of certain facts and its legal conclusions" in the earlier order under review); see also Roggio v. United States, No. 11-22847-CIV, 2013 WL 11320226, at *1 (S.D. Fla. July 30, 2013) (Goodman, J.).
Accordingly, it is
ORDERED AND ADJUDGED that the Government's Motion for Reconsideration of Dismissal Order, ECF No. [53], is DENIED.
DONE AND ORDERED.
