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United States v. Shanklin

November 3, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BERNARDO SHANKLIN, DEFENDANT.



The opinion of the court was delivered by: Richard Mills, U.S. District Judge

OPINION

On February 27, 2008, Defendant Bernardo Shanklin ("Shanklin") filed a motion for for the reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2). This Court initially appointed counsel for Shanklin, but allowed counsel to withdraw on April 16, 2008. Shanklin, however, was given leave to pursue his claims if he wished. Five months later, Shanklin filed another motion based on the crack amendments. By that time, however, this Court had already ruled on the merits, finding that the crack amendments were inapplicable because the Presentence Report showed that Shanklin was accountable for well over 4.5 kilograms of cocaine base. As such, this Court found that it lacked jurisdiction to revisit the ruling.

Shanklin has now filed a "Motion to Amend Judgment pursuant to Rule 59(e)." Federal Rule of Civil Procedure 59(e), however, does not apply in the sentencing context. Thus, this Court still lacks jurisdiction. The motion is denied.*fn1

IT IS SO ORDERED.

ENTERED: November 3, 2008

Judge Richard Mills United States ...


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