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USA v. Naope, 2:15-cr-133-GEB. (2017)

Court: District Court, E.D. California Number: infdco20171227947 Visitors: 26
Filed: Dec. 26, 2017
Latest Update: Dec. 26, 2017
Summary: ORDER DENYING DEFENDANT NAOPE'S REQUEST TO CHANGE THE DATE ON WHICH HE SHALL SURRENDER FOR THE SERVICE OF HIS SENTENCE GARLAND E. BURRELL, JR. , Senior District Judge . On December 18, 2017, Defendant Kyn Naope filed a request to change the date on which he commences service of his prison sentence. Naope states in the request that the government opposes it. The government was ordered to file a written response to the request, and it responded in part arguing: "A district court does not have
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ORDER DENYING DEFENDANT NAOPE'S REQUEST TO CHANGE THE DATE ON WHICH HE SHALL SURRENDER FOR THE SERVICE OF HIS SENTENCE

On December 18, 2017, Defendant Kyn Naope filed a request to change the date on which he commences service of his prison sentence. Naope states in the request that the government opposes it. The government was ordered to file a written response to the request, and it responded in part arguing: "A district court does not have inherent authority to modify or amend the terms of a criminal judgment." Gov't Opp. 3:5-6, ECF 65.

Judgment was entered on October 17, 2017, and Defendant has not provided authority supporting his request. Therefore, the request is denied.

Source:  Leagle

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