U.S. v. ADAMS, 3:10-CR-00238-RJC. (2016)
Court: District Court, W.D. North Carolina
Number: infdco20160122909
Visitors: 15
Filed: Jan. 20, 2016
Latest Update: Jan. 20, 2016
Summary: ORDER ROBERT J. CONRAD, Jr. , District Judge . THIS MATTER is before the Court upon motion of the defendant, pro se, for immediate release from custody. (Doc. No. 733). The defendant asserts that he has provided assistance to law enforcement, but that his lawyer has not filed a motion for a reduction of sentence on his behalf. Federal Rule of Criminal Procedure 35(b) clearly states that the government must file a motion before the Court can reduce a sentence based on substantial assistanc
Summary: ORDER ROBERT J. CONRAD, Jr. , District Judge . THIS MATTER is before the Court upon motion of the defendant, pro se, for immediate release from custody. (Doc. No. 733). The defendant asserts that he has provided assistance to law enforcement, but that his lawyer has not filed a motion for a reduction of sentence on his behalf. Federal Rule of Criminal Procedure 35(b) clearly states that the government must file a motion before the Court can reduce a sentence based on substantial assistance..
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ORDER
ROBERT J. CONRAD, Jr., District Judge.
THIS MATTER is before the Court upon motion of the defendant, pro se, for immediate release from custody. (Doc. No. 733).
The defendant asserts that he has provided assistance to law enforcement, but that his lawyer has not filed a motion for a reduction of sentence on his behalf. Federal Rule of Criminal Procedure 35(b) clearly states that the government must file a motion before the Court can reduce a sentence based on substantial assistance. United States v. Francois, 889 F.2d 1341, 1345 (4th Cir. 1989).
IT IS, THEREFORE, ORDERED that the defendant's motion is DENIED.
The Clerk is directed to certify copies of this order to the defendant, counsel for the defendant, and to the United States Attorney.
Source: Leagle
