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United States v. Plummer

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


May 21, 2008

UNITED STATES OF AMERICA
v.
RICHARD SWAIN PLUMMER

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 21st day of May, 2008, upon consideration of the letter received from defendant on May 19, 2008, which requests that his sentence be reduced to enable him to return to his family and to care for his ailing grandfather,*fn1 and it appearing 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,*fn2 and the court's independent research having produced none,*fn3 it is hereby ORDERED that:

1. The Clerk of Court is directed to docket the letter received from defendant on May 19, 2008.

2. The letter is CONSTRUED as a motion for reduction of defendant's sentence. The motion is DENIED as so construed.

CHRISTOPHER C. CONNER United States District Judge


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