U.S. v. Winfield

Full title: UNITED STATES OF AMERICA, Plaintiff, v. PAUL A. WINFIELD, Defendant

Court: United States District Court, W.D. Wisconsin

Date published: May 20, 2004

01-CR-0009-C (W.D. Wis. May. 20, 2004)

Opinion

01-CR-0009-C

May 20, 2004

ORDER

BARBARA CRABB, Chief Judge, District

Defendant Paul A. Winfield has filed a letter with the court asking for a reduction in his sentence, possibly under Fed.R.Crim.P. 35.

Defendant was sentenced on September 14, 2001. The government moved for a reduction of his sentence pursuant to Rule 35(b) on September 1 0, 2002. On October 11, 2002, the government's motion was granted and the defendant's sentence was reduced.

The government has not filed any new motions to reduce defendant's sentence. For that reason, his request must be DENIED. A sentencing court has no independent authority to reduce a sentence once it has been imposed. The only circumstances in which the court can reduce the sentence are after a sentence has been overturned on appeal or the government has moved for a reduction pursuant to Rule 35.

ORDER

IT IS ORDERED that defendant's request for a reduction of sentence is DENIED.