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United States of America v. Terrek Parker

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


April 4, 2012

UNITED STATES OF AMERICA
v.
TERREK PARKER

The opinion of the court was delivered by: Honorable Noel L. Hillman

MEMORANDUM OPINION AND ORDER

This matter comes before the Court upon Defendant's filing of a motion to correct a clerical error pursuant to Fed. R. Crim. P. 36, see Docket Entry No. 15; and it appearing that:

(1) On September 16, 2009, the Court sentenced defendant to 32 months in the custody of the Bureau of Prisons on Docket No. 09-186.

(2) On November 9, 2010, the Court sentenced defendant to 21 months on Counts 1 and 2 of Docket No. 10-334 to be served concurrently to Docket No. 09-186.

(3) On the same date, November 9, 2010, the Court sentenced defendant to a total of 230 months in the custody of the Bureau of Prisons on Docket No. 10-333. The 230 month term of incarceration consisted of 146 months on Counts 2, 3, and 5 of Docket No. 10-333, each of which was ordered to be served concurrently to each other, and 84 months on Count 4, which was to be served consecutively to Counts 2, 3, and 5 of Docket No. 10-333.

The 230 month total term of imprisonment imposed on Docket No. 10-333 was ordered to be served consecutively to the 32 month term of imprisonment imposed on Docket No. 09-186; and

As the above sets forth, the 21-month sentence associated with Docket No. 10-334 is to be served concurrently to the 32-month term of imprisonment imposed in Docket No. 09-186. The aggregate 230-month sentence associated with Docket No. 10-333 is to be served consecutively to the 32-month term of imprisonment imposed in Docket No. 09-186; and

Because the judgment entered in this matter makes clear the concurrent nature of Docket Nos. 09-186 and 10-334, and the consecutive nature of Docket Nos. 09-186 and 10-133, there exists no clerical error that warrants a reduction in the aggregate 230-month consecutive sentence imposed under Docket No. 10-333.*fn1

IT IS, therefore, on this 4th day of April , 2012, ORDERED that Defendant's Rule 36 motion is denied;*fn2 and it is further

ORDERED that no statement made in this Memorandum Opinion and Order should be construed as this Court having deemed Defendant's Motion, Docket Entry No. 15, as a petition filed pursuant to 28 U.S.C. 2255 or otherwise seeking habeas corpus relief, or this Court's expression as to the substantive or procedural validity of such applications, if filed; and it is further

ORDERED that the Clerk shall serve this Memorandum Opinion and Order upon the United States Attorney's Office and upon Defendant's counsel by means of electronic delivery; and it is finally

ORDERED that the Clerk shall serve this Memorandum Opinion and Order upon Defendant by certified mail, return receipt requested, directing such mailing to TERREK K. PARKER, ID # 41625-050, FCI LORETTO, P.O. BOX 1000, LORETTO, PA 15940.

HON. NOEL L. HILLMAN United States District Judge

At Camden, New Jersey


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