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United States v. Adepoju

United States District Court, D. Maryland

October 17, 2014

UNITED STATES OF AMERICA
v.
ADETOKUNBO ADEPOJU

MEMORANDUM AND ORDER

MARVIN J. GARBIS, District Judge.

The Court has before it a letter dated October 8, 2014 that shall be docketed as a Motion to Amend Sentence.

The Defendant seeks to have the Court change the sentence to make obligatory the recommendation to the Bureau of Prisons that he serve as much as possible of his sentence in community confinement with work release.

As a procedural matter, a federal court's authority to modify a sentence after it has been imposed is limited. There is such authority: (1) upon motion of the Director of the Bureau of Prisons; (2) as permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure 35;[1] and (3) where the relevant sentencing guidelines have changed since the sentence was imposed. See 18 U.S.C. ยง 3582(c); see also United States v. Cook , 890 F.2d 672, 675 (4th Cir. 1989) ("The power of a district court to amend a sentence does not extend to a situation where the district judge simply changes his mind about the sentence."); United States v. Clark , 8 F.Supp.2d 560, 561-62 (W.D. Va. 1998) (concluding that the court did not have jurisdiction to modify the defendant's sentence from imprisonment to home confinement when the modification request was based upon the defendant's "extremely poor health").

The Defendant has not provided authority that would enable the Court to direct, rather than to recommend, that the Bureau of Prisons change a condition of confinement from imprisonment to community confinement.

Accordingly:

1. The Clerk shall docket Defendant's letter of October 8, 2014 as a Motion to Amend Sentence.
2. The Motion to Amend Sentence is DENIED.

SO ORDERED.


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