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United States v. Tillman

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


March 9, 2009

UNITED STATES, PLAINTIFF,
v.
MARVIN TILLMAN, DEFENDANT.

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

ORDER

This matter having come before the Court on Defendant's motion to reconsider his sentence [Docket Entry No. 67]; and

IT APPEARING that, on May 2, 2007, Defendant entered a guilty plea to Count One of the Indictment [Docket Entry No. 16], which charged that Defendant conspired to rob an armored vehicle and to commit and threaten physical violence in furtherance of that plan, in violation of 18 U.S.C. § 1951(a); and it further

APPEARING that, on March 5, 2008, this Court entered a judgment of sentence against the Defendant of, inter alia, 140 months imprisonment [Docket Entry No. 46]; and it further

APPEARING that, on March 6, 2008, Defendant appealed the sentence imposed by this Court to the Third Circuit Court of Appeals [Docket Entry No. 47]; and it further

APPEARING that Defendant filed the instant motion to reconsider the judgment of sentence while his appeal was pending before the Third Circuit; and it further

APPEARING that, if an appeal has been filed and a court of appeals has jurisdiction to hear the appeal, a district court lacks jurisdiction under Federal Rule of Criminal Procedure 35(b) to change a sentence;

THEREFORE, it is on this 9th day of March 2009,

ORDERED that Defendant's motion to reconsider the judgment of sentence is DENIED.

Stanley R. Chesler, U.S.D.J.

20090309

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