Legal Opinion

United States v. Myers

District Court, D. New Mexico

Decided April 20, 2005No. CR 03-1943 JBPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant’s Motion for Court to Modify His Term of Imprisonment, filed January 25, 2005 (Doc. 24). The primary issue is whether the Court has the authority to modify Defendant Robert Myers sentence over one year after the final judgment. Because the Court concludes that it does not have the statutory authorization to modify the sentence, the Court denies Myers’ motion.

FACTUAL BACKGROUND

Myers represents that he currently suffers from numerous chronic medical conditions including chronic lung disease…

2Cases cited16 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Wooley v. MaynardSupreme Court of the United States · 1977
  4. United States v. Gonzalez-HuertaCourt of Appeals for the Tenth Circuit · 2005
  5. Spielman Motor Sales Co. v. DodgeSupreme Court of the United States · 1935

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3Cited by3 opinions

  1. United States v. ChristyDistrict Court, D. New Mexico · 2012
  2. United States v. VigilDistrict Court, D. New Mexico · 2010
  3. United States v. VigilDistrict Court, D. New Mexico · 2010

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