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United States v. Kirkland

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 17, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KENNETH KIRKLAND, DEFENDANT.

The opinion of the court was delivered by: Reagan, District Judge

ORDER

On July 16, 2009, the Court received a motion from Kirkland to reduce his sentence (Doc. 100). This Court has no jurisdiction to rule on Kirkland's motion, however, because Kirkland's case is currently on appeal before the Seventh Circuit. In any case, "[a] district judge may... correct a final judgment to reflect the sentence he actually imposed but he cannot change the sentence he did impose even if the sentence was erroneous." United States v. Lawrence, 535 F.3d 631, 636 (7th Cir. 2008) (quoting United States v. Eskridge, 445 F.3d 930, 934 (7th Cir. 2006)).

Accordingly, the Court DENIES Kirkland's motion for lack of jurisdiction (Doc. 100).

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20090717

© 1992-2009 VersusLaw Inc.



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