UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
March 18, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
FRANKIE GONZALEZ, DEFENDANT.
The opinion of the court was delivered by: Greenaway, Jr., U.S.C.J.*fn1
This matter comes before this Court on Defendant's "Motion for Discovery and Compulsory Production of the Documents by Subpoena Duces Tecum." (Docket No. 577.)
Defendant, pursuant to 18 U.S.C. § 3582(c)(2), requests that this Court direct the issuance of an affidavit, by the accusing officer, "swearing to [Defendant's] liability" for 18 U.S.C. §§ 1961, 1962(c), and 1962(d); and 21 U.S.C. §§ 841(a)(1) and 846.*fn2
18 U.S.C. § 3582(c)(2) provides that:
[I]n the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.
Section 3582(c)(2) does not provide any grounds by which this Court may grant Defendant's motion to compel discovery.*fn3 Therefore,
IT IS on this 18th day of March 2010,
ORDERED that Defendant's "Motion for Discovery and Compulsory Production of the Documents by Subpoena Duces Tecum" is DENIED; and
IT IS FURTHER ORDERED that a copy of this Order be served on all parties within seven (7) days of the date of entry of this Order.
JOSEPH A. GREENAWAY, JR., U.S.C.J. (Sitting by designation on the District Court)