U.S. v. ANDERSON, 8:03CR555. (2012)
Court: District Court, D. Nebraska
Number: infdco20120404a96
Visitors: 7
Filed: Apr. 03, 2012
Latest Update: Apr. 03, 2012
Summary: MEMORANDUM AND ORDER RICHARD G. KOPF, Senior District Judge. James L. Anderson has filed a "Motion for Modification of Sentence Pursuant to 3553(a)." (Filing no. 73.) Generally speaking, I have no power to modify a prison sentence that has long since become final. 1 Moreover, and as the Court of Appeals recognized in denying Mr. Anderson's direct appeal (filing no. 70), since I imposed the prison sentence pursuant to a Rule 11(c)(1)(C) plea agreement, Mr. Anderson received the sentence he r
Summary: MEMORANDUM AND ORDER RICHARD G. KOPF, Senior District Judge. James L. Anderson has filed a "Motion for Modification of Sentence Pursuant to 3553(a)." (Filing no. 73.) Generally speaking, I have no power to modify a prison sentence that has long since become final. 1 Moreover, and as the Court of Appeals recognized in denying Mr. Anderson's direct appeal (filing no. 70), since I imposed the prison sentence pursuant to a Rule 11(c)(1)(C) plea agreement, Mr. Anderson received the sentence he re..
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MEMORANDUM AND ORDER
RICHARD G. KOPF, Senior District Judge.
James L. Anderson has filed a "Motion for Modification of Sentence Pursuant to § 3553(a)." (Filing no. 73.) Generally speaking, I have no power to modify a prison sentence that has long since become final.1 Moreover, and as the Court of Appeals recognized in denying Mr. Anderson's direct appeal (filing no. 70), since I imposed the prison sentence pursuant to a Rule 11(c)(1)(C) plea agreement, Mr. Anderson received the sentence he requested. While I compliment Mr. Anderson for working hard in prison to better himself, I have no power to do what he asks. Therefore,
IT IS ORDERED that the Motion for Modification of Sentence Pursuant to § 3553(a) (filing no. 73) is denied. The Clerk shall mail a copy of this document to Mr. Anderson.
FootNotes
1. The deadline for filing a motion pursuant to 28 U.S.C. § 2255 passed roughly five years ago.
Source: Leagle