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United States v. McLaughlin

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


January 20, 2010

UNITED STATES OF AMERICA,
v.
RICO MCLAUGHLIN, DEFENDANT.

The opinion of the court was delivered by: Paul L. Friedman United States District Judge

MEMORANDUM OPINION AND ORDER

This matter is before the Court on defendant's motion to correct his sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure. Rule 35 provides for correcting a sentence that resulted from "arithmetical, technical, or other clear error" within fourteen days of sentencing or for reducing a sentence upon a motion by the government if the defendant has provided substantial assistance to the government. See FED. R. CRIM. P. 35. Defendant moves to correct a sentence imposed on January 28, 1997 for what he argues were substantive errors in the Court's analysis at the sentencing.*fn1

Defendant admits that his motion is untimely under the Rule - as he must because he filed the motion more than a decade late - and requests that the Court extend the time for filing in the interests of justice. See Motion to Correct at 4. Rule 45 of the Federal Rules of Criminal Procedure specifically prohibits a court from extending the time in which a party may take action under Rule 35. See FED. R. CRIM. P. 45(b)(2) ("The court may not extend the time to take any action under Rule 35, except as stated in that rule."). As such, the Court has no authority to consider the merits of defendant's motion. See United States v. Howard, 267 F. Supp. 2d 1, 4 (D.D.C. 2003).*fn2 Accordingly, it is hereby

ORDERED that defendant's motion to correct his sentence [99] and defendant's motion for a hearing [100] are hereby DENIED.

SO ORDERED.


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