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Bryant v. United States

April 12, 2007

GORDON A. BRYANT, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: Jeanne E. Scott, U.S. District Judge

OPINION

This matter is before the Court on Petitioner Gordon A. Bryant's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (d/e 1) (Petition). For the reasons set forth below, Bryant's Petition is denied.

Petitioner Gordon has filed the instant Petition, seeking a reduction in his sentence. Petitioner asserts that he is entitled to a reduction in his sentence because he provided substantial assistance to the Government in connection with a murder that occurred on January 9, 2006, at a Bureau of Prisons medical facility located in Springfield, Missouri. The instant Petition under § 2241 is not the appropriate vehicle for the relief being sought because Petitioner does not assert that there is "a fundamental defect" in his criminal conviction. Cooper v. United States, 199 F.3d 898, 901 (7th Cir. 1999).

Moreover, it is within the sole discretion of the Government to file a motion, under Federal Rule of Criminal Procedure 35(b)(2), requesting a reduction in a defendant's sentence for substantial assistance. In this case, the Government states that it has investigated the matter and has determined not to bring to such a motion. Therefore, Petitioner's Petition is DENIED. All pending motions are denied as moot. This case is closed. IT IS THEREFORE SO ORDERED.

ENTER: April 12, 2007

JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE

20070412

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