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United States v. Neal

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


May 21, 2008

UNITED STATES OF AMERICA
v.
BRYAN NEAL

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 21st day of May, 2008, upon consideration of defendant's motion (Doc. 71) for modification of his sentence filed under Rule 60(b)(5) and (6) of the Federal Rules of Civil Procedure, which requests that defendant be placed into home confinement for the duration of his sentence to enable him to care for his ailing mother, and it appearing that the Federal Rules of Civil Procedure are inapplicable to criminal proceedings such as the above-captioned, see FED. R. CIV. P. 1, and that "a district court may not modify a term of imprisonment once imposed" unless the modification is authorized by a statute or under the Federal Rules of Criminal Procedure, Sloan v. United States, Crim. No. 03-72, 2008 WL 2020183, at *2 (W.D. Pa. May 8, 2008); see also 18 U.S.C. § 3582(c) (stating that "[t]he court may not modify a term of imprisonment once it has been imposed" unless permitted to do so by statute or rule); Homick-Van Berry v. Nelson, No. Civ. 08- 0891, 2008 WL 687258, at *3 (D.N.J. Mar. 11, 2008), and defendant having cited no controlling statute or Federal Rule of Criminal Procedure that authorizes the relief requested,*fn1 and the court's independent research having produced none,*fn2 it is hereby ORDERED that the motion (Doc. 71) for modification of defendant's sentence is DENIED.

CHRISTOPHER C. CONNER United States District Judge


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