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Bridgeforth v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 19, 2008

CHARLES R. BRIDGEFORTH, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

MEMORANDUM DECISION AND ORDER DENYING PETITIONER'S MOTION FOR REDUCTION OF SENTENCE

Petitioner Charles R. Bridgeforth, a federal prisoner proceeding in pro per, has filed a motion for reduction of sentence for medical reasons. Petitioner asserts that "[w]ith the sentencing guidelines being advisory, the judge can reduce the sentence for medical reasons."

Petitioner's motion is DENIED. The Court has no authority to grant Petitioner's motion. Rule 35(b), Federal Rules of Criminal Procedure, provides for a reduction in sentence for substantial assistance upon motion by the United States. The United States has filed no such motion. 18 U.S.C. § 3582(c) provides that the Court "may not modify a term of imprisonment once it has been imposed" except upon motion of the Director of the Bureau of Prisons, § 3582(c)(1)(A), as expressly permitted by Rule 35, Federal Rules of Criminal Procedure, § 3582(c)(1)(B), or because a sentencing range has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o). None of these exceptions apply to Petitioner's motion.

For the reasons stated, Petitioner Charles R. Bridgeforth's motion for reduction of sentence is DENIED.

IT IS SO ORDERED.

20081219

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