Opinion
06-cr-98-jcs, 07-cv-726-jcs.
June 12, 2008
ORDER
Defendant has filed a "Motion for Prompt Disposition and Motion to Appoint Counsel" in which he inquires as to the status of his post conviction motions pursuant to 28 U.S.C. § 2255 and 28 U.S.C. § 3582 filed on December 27, 2007 (dkt. 38). In Judge Shabaz's absence for a medical leave, I am handling defendant's motion.
In an order entered on January 23, 2008, Judge Shabaz denied defendant's § 2255 motion as untimely. A copy of Judge Shabaz's order is attached to this order in the event that defendant did not receive it. Also in the January 23, 2008, Judge Shabaz stayed defendant's § 3582 motion until March 3, 2008, the date on which the motions for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) based on the Sentencing Commission's 2007 crack cocaine guideline amendment would be authorized. Defendant's § 3582 motion was forwarded to the Federal Defender's Office for review and representation. If defendant is eligible for such a reduction, the federal defender's office will file a motion on his behalf.
ORDER
Defendant's "Motion for Prompt Disposition and Motion to Appoint Counsel" are DENIED as moot.