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United States v. Byam

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 7, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARIE BYAM (7), DEFENDANT.

The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court

Order Denying Request for Expungement of Record

Defendant Marie Byam has filed a motion asking the Court to expunge her record in this case. The Court DENIES her motion.

The court has very limited authority to expunge criminal convictions. United States v. Sumner, 226 F.3d 1005, 1009 (9th Cir. 2000). "[D]istrict courts do not have the power 'to expunge a record of a valid arrest and conviction solely for equitable considerations,' because 'the expungement of the record of a valid arrest and conviction usurps the powers that the framers of the Constitution allocated to Congress, the Executive, and the states.'" United States v. Crowell, 374 F.3d 790, 793 (9th Cir. 2004). Absent express statutory authority, therefore, the court "is limited to expunging the record of an unlawful arrest or conviction, or to correcting a clerical error."

The record of this case reflects Ms. Byam pled guilty to conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. Defendant was sentenced to 37 months in custody followed by five years of supervised release. Ms. Byam has not alleged she was unlawfully arrested or convicted or that the Court must correct any clerical error. She has not cited any statute by which the Court is authorized to expunge her conviction. Therefore, Defendant's motion is DENIED.

IT IS SO ORDERED.

20091007

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