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United States of America v. Maribel Hamid

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


May 18, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARIBEL HAMID
DEFENDANT.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

#41661424,

MEMORANDUM ORDER

Maribel Hamid ("Hamid"), who is serving a 26-month sentence imposed by this Court on February 26, 2010 following Hamid's entry of a guilty plea to a charge of bank fraud, has just written the attached letter requesting a reduction of that sentence. Unfortunately for Hamid, neither Congress nor the Federal Rules of Criminal Procedure ("Rules") have given that power of revision to the sentencing judge.

Instead, Rule 35(a) creates a very small window--just 14 days after sentencing--during which the court can grant relief, and even that is limited to "arithmetical, technical, or other clear error." There is an exception (provided by Rule 35(b)) to that extremely limited judicial power, but it is reserved for situations in which the government moves for a sentence reduction based on a defendant's substantial assistance in the investigation or prosecution of some other person's criminal activity.

In all other respects, decisions as to the service of the sentence pronounced by the sentencing judge are within the sole control of the Bureau of Prisons. Accordingly this Court is without jurisdiction to consider Hamid's request, and it is denied for that reason.*fn1


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