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United States of America v. Duane Fason

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


April 18, 2012

UNITED STATES OF AMERICA
v.
DUANE FASON

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

Judge Conner

ORDER

AND NOW, this 18th day of April, 2012, upon consideration of the motion to reconsider sentence nunc pro tunc (Doc. 426) filed by defendant Duane Fason ("Fason") on October 25, 2011, wherein Fason asks the court to reconsider the imposition of Fason's federal sentence to run consecutive to the sentence imposed for Fason's state parole violation stemming from the instant federal conviction,*fn1 and it appearing that the court sentenced Fason on March 16, 2011 (see Docs. 370, 371), and it further appearing that at the time of sentencing the court determined that Fason's federal sentence shall run consecutive to his state sentence,*fn2 and the court finding that "[g]enerally, a district court may not alter a term of imprisonment once it has been imposed," United States v. Wise, 515 F3d 207, 220 (3d Cir. 2008), and it appearing that pursuant to 18 U.S.C. § 3582 and Federal Rule of Criminal Procedure 35, a judgment of conviction is a final judgment that may be modified in very limited circumstances, see 18 U.S.C. § 3582(b) (finality of judgment of conviction); id. § 3582(c) (permitting modification of a term of imprisonment only upon motion of the Director of the Bureau of Prisons in exceptional circumstances, pursuant to statute or Rule 35 of the Federal Rules of Criminal Procedure, or in cases in which defendant has been sentenced based on a sentencing range that has subsequently been lowered by the Sentencing Commission); FED. R. CRIM. P. 35 (permitting the court to correct a sentence that resulted from arithmetical, technical, or other clear error within 14 days of sentencing), and the court concluding that none of those circumstances exist in the instant matter,*fn3 it is hereby ORDERED that the motion to reconsider sentence nunc pro tunc (Doc. 426) is DENIED.

Christopher C. Conner


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