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Jordan v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


September 8, 2008

EDRIC CHARLES JORDAN, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER

On February 29, 2008, Petitioner Edric Charles Jordan ("Petitioner"), originally proceeding , filed an untimely motion for relief of sentence pursuant to 18 U.S.C. § 3582(c)(2). The Respondent filed a responsive memorandum on March 18, 2008. On April 30, 2008, Petitioner, ith the assistance of counsel, filed a timely motion for relief of sentence pursuant to 18 U.S.C. § 3582(c)(2). Petitioner's motion was based upon retroactive amendments to the Federal Sentencing uidelines pertaining to crack cocaine offenses which became effective March 3, 2008. Respondent filed an updated response and opposition, and Petitioner filed a reply. The Court, after reviewing the record, the submissions of the parties, and the supporting exhibits, denied Petitioner's motion August 20, 2008. On August 27, 2008, Petitioner timely appealed to the Ninth Circuit. On September 4, 2008, Petitioner then filed a Motion for Reconsideration in the district court concerning the Court's Order dated August 20, 2008.

The filing of a valid notice of appeal divests the district court of jurisdiction to alter, amend odify the order or judgment challenged in the appeal. See Pope v. Sav. Bank of Puget Sound, F.2d 1345, 1347 (9th Cir. 1988). Therefore, Petitioner's Motion for Reconsideration is DISMISSED WITH PREJUDICE.

IT IS SO ORDERED.

20080908

© 1992-2008 VersusLaw Inc.



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