USA v. Green, 2:04-CR-20152. (2017)
Court: District Court, W.D. Louisiana
Number: infdco20171227776
Visitors: 21
Filed: Dec. 13, 2017
Latest Update: Dec. 13, 2017
Summary: JUDGMENT DONALD E. WALTER , District Judge . Before the Court is the Report and Recommendation (Rec. Doc. 70) of the Magistrate Judge previously filed herein, recommending denial of Defendant Melchisdech Green's ("Green") Motion to Reduce Sentence. After an independent review of the record, a review of the defendant's objections (Rec. Doc. 71); and a de novo determination of the issues, the Court determines that the findings are correct under applicable law and will adopt the Report and
Summary: JUDGMENT DONALD E. WALTER , District Judge . Before the Court is the Report and Recommendation (Rec. Doc. 70) of the Magistrate Judge previously filed herein, recommending denial of Defendant Melchisdech Green's ("Green") Motion to Reduce Sentence. After an independent review of the record, a review of the defendant's objections (Rec. Doc. 71); and a de novo determination of the issues, the Court determines that the findings are correct under applicable law and will adopt the Report and R..
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JUDGMENT
DONALD E. WALTER, District Judge.
Before the Court is the Report and Recommendation (Rec. Doc. 70) of the Magistrate Judge previously filed herein, recommending denial of Defendant Melchisdech Green's ("Green") Motion to Reduce Sentence. After an independent review of the record, a review of the defendant's objections (Rec. Doc. 71); and a de novo determination of the issues, the Court determines that the findings are correct under applicable law and will adopt the Report and Recommendation.
Green objects that the Magistrate Judge construed his letter as a motion, and further objects that the letter was directed to the District Court Judge and not the Magistrate Judge. Rec. Doc. 71. A motion is defined as "[a] written or oral application requesting a court to make a specified ruling or order." Motion, BLACK'S LAW DICTIONARY (10th ed. 2014). Green requests that the Court reduce his sentence. Rec. Doc. 69, p. 1. Therefore, Green's letter is properly construed as a motion. Pursuant to 28 U.S.C. § 636(b), a district court judge may refer an application for post-trial relief to a magistrate judge for report and recommendation. Thus, Green's objections are meritless. Accordingly,
IT IS ORDERED that Green's Motion to Reduce Sentence (Rec. Doc. 69) is hereby DENIED and the claim raised therein is DISMISSED WITHOUT PREJUDICE.
Source: Leagle
