From Casetext: Smarter Legal Research

U.S. v. Glasker

United States District Court, D. Utah — Central Division
Sep 30, 2007
Case No. 2:03-CR-00245 (D. Utah Sep. 30, 2007)

Opinion

Case No. 2:03-CR-00245.

September 30, 2007


ORDER


Before the Court is Travis Leroy Glasker's motion to correct judgment under Fed.R.Crim.P. 36. Specifically, Mr. Glasker asks the Court to order that he be eligible for a one year sentence reduction upon his completion of a Residential Drug Abuse Program. Once a term of imprisonment has been imposed by the Court, however, it may only be modified upon motion by the Director of the Bureau of Prisons. 18 U.S.C. § 3582(c). Furthermore, the authority and discretion regarding whether a prisoner shall receive a reduced sentence upon completion of a Residential Drug Abuse Program resides with the Bureau of Prisons. See Lopez v. Davis, 531 U.S. 230, 244 (2001) (holding that Bureau of Prisons has discretion and authority to deny early release to category of prisoners whose current offense was a felony involving carrying, possession, or use of a firearm). Accordingly, the motion is dismissed for want of jurisdiction.


Summaries of

U.S. v. Glasker

United States District Court, D. Utah — Central Division
Sep 30, 2007
Case No. 2:03-CR-00245 (D. Utah Sep. 30, 2007)
Case details for

U.S. v. Glasker

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. TRAVIS LEROY GLASKER, Defendant

Court:United States District Court, D. Utah — Central Division

Date published: Sep 30, 2007

Citations

Case No. 2:03-CR-00245 (D. Utah Sep. 30, 2007)