U.S. v. GOMEZ-JUAREZ, 2:10-cr-00387-KJM. (2014)
Court: District Court, E.D. California
Number: infdco20140502g79
Visitors: 6
Filed: May 01, 2014
Latest Update: May 01, 2014
Summary: ORDER KIMBERLY J. MUELLER, District Judge. This matter is before the court on Leodegario Gomez-Juarez's ("defendant") Motion for Early Release. (ECF 94.) The United States ("government") opposes the motion. (ECF 96.) Defendant seeks relief under the Federal Prison Bureau Nonviolent Offender Relief Act of 2013 ("Relief Act"). (ECF 94 at 2.) The government responds that because "[t]he Relief Act is a pending bill" and "not a validly enacted federal law[,]" "the [c]ourt is without jurisdiction t
Summary: ORDER KIMBERLY J. MUELLER, District Judge. This matter is before the court on Leodegario Gomez-Juarez's ("defendant") Motion for Early Release. (ECF 94.) The United States ("government") opposes the motion. (ECF 96.) Defendant seeks relief under the Federal Prison Bureau Nonviolent Offender Relief Act of 2013 ("Relief Act"). (ECF 94 at 2.) The government responds that because "[t]he Relief Act is a pending bill" and "not a validly enacted federal law[,]" "the [c]ourt is without jurisdiction to..
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ORDER
KIMBERLY J. MUELLER, District Judge.
This matter is before the court on Leodegario Gomez-Juarez's ("defendant") Motion for Early Release. (ECF 94.) The United States ("government") opposes the motion. (ECF 96.)
Defendant seeks relief under the Federal Prison Bureau Nonviolent Offender Relief Act of 2013 ("Relief Act"). (ECF 94 at 2.) The government responds that because "[t]he Relief Act is a pending bill" and "not a validly enacted federal law[,]" "the [c]ourt is without jurisdiction to consider the matter"; thus, "the motion should be dismissed." (ECF 96 at 1-2.)
"Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute. ..." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). The Relief Act was introduced on January 3, 2013. As of the date of this order, the Relief Act is still a pending bill. See H.R. 62, 113th Cong. (2013-2014). Because a pending bill is not federal law, this court lacks jurisdiction to entertain defendant's motion.
Accordingly, defendant's motion is DENIED.
IT IS SO ORDERED.
Source: Leagle
