UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
September 21, 2007
UNITED STATES OF AMERICA, PLAINTIFF,
ROBERT CRONIN, DEFENDANT.
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER: (1) DENYING DEFENDANT'S MOTION REQUESTING AN ORDER TO PLACE DEFENDANT IN THE 500 HOUR RESIDENTIAL DRUG & ALCOHOL PROGRAM; and (2) DENYING DEFENDANT'S MOTION TO ADD AN ADDENDUM AND/OR CORRECT THE PRESENTENCING REPORT
Defendant Robert Cronin, a federal inmate proceeding pro se, has submitted a motion requesting the Court to order his placement in the 500-hour Bureau of Prison's residential drug and alcohol treatment program. Although the Court may recommend placement in such a program at the time of sentencing, it has no jurisdiction to order Defendant's placement in such a program; authority over that decision is held by the executive branch. See 18 U.S.C. § 4042.
Accordingly, Defendant's Motion Requesting an Order to Place Defendant in the 500 Hour (RDAP) Residential Drug & Alcohol Program is HEREBY DENIED.
Defendant has also filed a motion to add an addendum to or correct the Presentence Report. This motion was filed on February 6, 2007, more than four years after the judgment in this case became final.*fn1 Thus, the Court now lacks authority to correct or modify the Presentence Report. Therefore, Defendant's Motion to Add an Addendum and/or Correct the Presentencing Report is HEREBY DENIED.
IT IS SO ORDERED.