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United States of America v. Carla Dutro

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII


May 14, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
CARLA DUTRO, DEFENDANT.

The opinion of the court was delivered by: Susan Oki Mollway Chief United States District Judge

ORDER DENYING DEFENDANT'S MOTION TO MODIFY TERMS OF JUDGMENT IN A CRIMINAL CASE

ORDER DENYING DEFENDANT'S MOTION TO MODIFY TERMS OF JUDGMENT IN A CRIMINAL CASE

This court has before it Defendant Carla Dutro's Motion to Modify Terms of Judgment in a Criminal Case. The motion assumes that this court has authority to modify a judgment entered on November 19, 2012. No statute, rule, or case is cited in the moving papers for the proposition that the court even has authority to order the modification. The court is concerned that Rule 35(a) of the Federal Rules of Criminal Procedure provides for only a 14-day period after sentencing in which the court "may correct a sentence that results from arithmetical, technical, or other clear error." Quite apart from the passage of time, Defendant cites no "arithmetical, technical, or other clear error." Under the circumstances, the court denies the motion.

IT IS SO ORDERED.

Susan Oki Mollway

20130514

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