Opinion
Crim. No. 14-2379 KG
10-05-2015
UNITED STATES OF AMERICA, Plaintiff, v. FAUSTO RIOS-QUINTANA, Defendant.
MEMORANDUM OPINION AND ORDER
This matter comes before the Court upon Defendant's Motion for Sentence Relief under the Federal Prison Bureau Non-Violent Offender Relief Act of 2003 (Motion), filed on September 11, 2015. (Doc. 95). The Government has not responded to the Motion. Having considered the Motion, the Court denies the Motion.
Defendant moves under 18 U.S.C. § 3624(g) for the Court to order the Bureau of Prisons to release him early because he is a non-violent offender. If the Court construes the Motion as a Fed. R. Crim. P. 35(a) motion to correct a sentence, the motion is untimely, because Defendant filed the Motion more than 14 days after sentencing. See Rule 35(a) (court has 14 days after sentencing to correct sentence for "arithmetical, technical, or other clear error."). Moreover, if the Court construes the Motion as a 28 U.S.C. § 2241 motion for habeas corpus relief, the Court must dismiss the Motion for lack of jurisdiction, because Defendant did not file the Motion in the district where he is confined. See Montalvo v. Werlizh, 461 Fed. Appx. 818, 819 (10th Cir. 2012). Finally, Defendant relies on Section 3624(g) in his Motion. This section was never enacted into law. See 18 U.S.C. § 3624. For all of the above reasons, the Court denies Defendant's Motion.
Defendant is confined in Texas. See (Doc. 95) at 2. --------
IT IS ORDERED that the Motion for Sentence Relief under the Federal Prison Bureau Non-Violent Offender Relief Act of 2003 (Doc. 95) is denied.
/s/_________
UNITED STATES DISTRICT JUDGE