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U.S. v. Brown

United States District Court, S.D. West Virginia, Beckley Division
Jul 11, 2006
Criminal No. 5:98-00189 (S.D.W. Va. Jul. 11, 2006)

Opinion

Criminal No. 5:98-00189.

July 11, 2006


MEMORANDUM OPINION


The court is in receipt of a letter from defendant, dated June 19, 2006, asking the court to "honor a Rule 35." Because of the seemingly confidential nature of the letter, it has not been included in the official court file. A sentence reduction under Federal Rule of Criminal Procedure 35 may only be granted upon motion of the government; the court has no power to reduce a defendant's sentence for substantial assistance in the absence of a government motion. See, e.g., United States v. Fraley, 988 F.2d 4, 6 (4th Cir. 1993) ("Rule 35(b) permitted a reduction of sentence only upon the Government's motion for substantial assistance. Thus, under the literal language of Rule 35 as adopted in 1984, district courts had no authority to modify a sentence either sua sponte or upon motion by the defendant.");United States v. Francois, 889 F.2d 1341, 1344 (4th Cir. 1989) (finding logical Congress' decision "to lodge discretion in the prosecutor to make the decision as to whether to file a motion seeking the reduction of a defendant's sentence on the ground of substantial assistance to the government, because the prosecutor is the only individual who knows whether a defendant's cooperation has been helpful.") (internal citations and quotations omitted).

The Clerk is directed to send a copy of this Order to counsel of record, to defendant, and to the Probation Office of this court.

IT IS SO ORDERED.


Summaries of

U.S. v. Brown

United States District Court, S.D. West Virginia, Beckley Division
Jul 11, 2006
Criminal No. 5:98-00189 (S.D.W. Va. Jul. 11, 2006)
Case details for

U.S. v. Brown

Case Details

Full title:UNITED STATES OF AMERICA v. JIMMY O'NEAL BROWN

Court:United States District Court, S.D. West Virginia, Beckley Division

Date published: Jul 11, 2006

Citations

Criminal No. 5:98-00189 (S.D.W. Va. Jul. 11, 2006)