United States v. Sportelli, CR04-0407JLR. (2020)
Court: District Court, D. Washington
Number: infdco20200213835
Visitors: 6
Filed: Feb. 05, 2020
Latest Update: Feb. 05, 2020
Summary: ORDER DENYING DEFENDANT'S MOTION TO VACATE JAMES L. ROBART , District Judge . This matter comes before the court upon Defendant Peter Sportelli's motion for an order to vacate the record of his felony conviction. (Mot. (Dkt. # 27).) For the reasons explained below, the Motion is DENIED. In 2005, Mr. Sportelli pled guilty to mail fraud. ( See Judgment (Dkt. # 16).) Mr. Sportelli now "asks the Court for an order vacating the record of his conviction of a felony offense ..." based on RCW 9.9
Summary: ORDER DENYING DEFENDANT'S MOTION TO VACATE JAMES L. ROBART , District Judge . This matter comes before the court upon Defendant Peter Sportelli's motion for an order to vacate the record of his felony conviction. (Mot. (Dkt. # 27).) For the reasons explained below, the Motion is DENIED. In 2005, Mr. Sportelli pled guilty to mail fraud. ( See Judgment (Dkt. # 16).) Mr. Sportelli now "asks the Court for an order vacating the record of his conviction of a felony offense ..." based on RCW 9.94..
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ORDER DENYING DEFENDANT'S MOTION TO VACATE
JAMES L. ROBART, District Judge.
This matter comes before the court upon Defendant Peter Sportelli's motion for an order to vacate the record of his felony conviction. (Mot. (Dkt. # 27).) For the reasons explained below, the Motion is DENIED.
In 2005, Mr. Sportelli pled guilty to mail fraud. (See Judgment (Dkt. # 16).) Mr. Sportelli now "asks the Court for an order vacating the record of his conviction of a felony offense ..." based on RCW 9.94A.640. (See Mot. at 1.)
RCW 9.94A.640 is a Washington State statute. The statute, by its terms, does not apply to federal convictions. Mr. Sportelli has not cited any authority that would allow the court to vacate his conviction. (See, e.g., Fed. R. Crim. P. 34; Fed. R. Crim. P. 35(a).) Accordingly, the court DENIES the Mr. Sportelli's motion (Dkt. # 27).
Source: Leagle
