U.S. v. FRANK, 204-045. (2015)
Court: District Court, S.D. Georgia
Number: infdco20150130c15
Visitors: 7
Filed: Jan. 29, 2015
Latest Update: Jan. 29, 2015
Summary: ORDER DUDLEY H. BOWEN, District Judge. On July 21, 2004, this Court sentenced Defendant Tobias Antonio Frank to 262 months imprisonment after Frank pleaded guilty to one count of possession with intent to distribute over 5 grams of cocaine base, a violation of 21 U.S.C. 841 (a) (1). The Court later reduced his sentence to 156 months pursuant to Federal Rule of Criminal Procedure 35(b) and 18 U.S.C. 3582(c) (2). Presently, Frank has filed a motion to receive credit for time served in state
Summary: ORDER DUDLEY H. BOWEN, District Judge. On July 21, 2004, this Court sentenced Defendant Tobias Antonio Frank to 262 months imprisonment after Frank pleaded guilty to one count of possession with intent to distribute over 5 grams of cocaine base, a violation of 21 U.S.C. 841 (a) (1). The Court later reduced his sentence to 156 months pursuant to Federal Rule of Criminal Procedure 35(b) and 18 U.S.C. 3582(c) (2). Presently, Frank has filed a motion to receive credit for time served in state c..
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ORDER
DUDLEY H. BOWEN, District Judge.
On July 21, 2004, this Court sentenced Defendant Tobias Antonio Frank to 262 months imprisonment after Frank pleaded guilty to one count of possession with intent to distribute over 5 grams of cocaine base, a violation of 21 U.S.C. § 841 (a) (1). The Court later reduced his sentence to 156 months pursuant to Federal Rule of Criminal Procedure 35(b) and 18 U.S.C. § 3582(c) (2). Presently, Frank has filed a motion to receive credit for time served in state custody from July 1, 2003 to November 24, 2004. He cites United States Sentencing Guideline Section 5G1.3.
Frank brought this same motion before the Court on November 16, 2005, May 22, 2006, February 29, 2012, and October 1, 2012. The Court properly denied these motions. (See Doc. Nos. 130, 253.) The legal basis upon which the denials are based remain valid and unchanged. This Court still does not have jurisdiction to entertain Frank's motion.
For the reasons appearing in the Government's brief in opposition and this Court's prior orders addressing the same matter, Frank's motion for time served (doc. no. 325) is DENIED.
Source: Leagle
