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United States of America v. Atif Malik

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


January 29, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ATIF MALIK, DEFENDANT.

The opinion of the court was delivered by: Stanley R. Chesler, U.S.D.J.

ORDER

This matter having come before the Court on Defendant's Motion for Reduction of Sentence [docket item # 40]; 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; For the foregoing reasons, IT IS on this 28th day of January 2013,

ORDERED that Defendant's Motion For Reduction of Sentence [docket item # 40] be and hereby is DENIED.

Stanley R. Chesler

20130129

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