UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
March 19, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
JAMES PREVARD, DEFENDANT.
The opinion of the court was delivered by: Stanley R. Chesler, U.S.D.J.
This matter having come before the Court on Defendant's Motion for Reduction of Sentence [docket item # 18]; and
IT APPEARING that Federal Rule of Criminal Procedure 35, which governs the correction or reduction of a sentence, applies to the instant motion; and it further
APPEARING that Rule 35(b) provides that the government may move for a reduction of sentence for substantial assistance provided by the defendant in investigating or prosecuting another person; and it further
APPEARING that Rule 35 does not contemplate motions for the reduction of a sentence filed by a defendant; and it further
APPEARING that Defendant has no standing under Rule 35 to obtain the relief sought; and it further
APPEARING that, additionally, the papers submitted in support of Defendant's motion do not provide any information about substantial assistance provided by Defendant after sentencing;
For the foregoing reasons, IT IS on this 19th day of March, 2012, hereby ORDERED that Defendant's Motion For Reduction of Sentence [docket item # 18] be and hereby is DENIED.
Stanley R. Chesler
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