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U.S. v. MUMIN

United States District Court, S.D. New York


April 22, 2005.

UNITED STATES OF AMERICA,
v.
ISHAQ MUMIN a/k/a Michael Dent, Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

By letters dated April 6 and 12, 2005, defendant seeks an order "clarifying" the sentence imposed on September 28, 2004 in light of a disagreement between defendant and the Bureau of Prisons concerning the computation of defendant's release date.

It is far from clear that the Court may grant relief in the current posture of the case, even were it disposed to do so. The requirements of Fed.R.Crim.P. 35 have not been satisfied. There is no Section 2255 motion pending. Moreover, the typical vehicle for resolving disputes with the Bureau of Prisons concerning the calculation of sentences is exhaustion of administrative remedies followed by an action for judicial review of the Bureau's final determination.

  Accordingly, the application is denied without prejudice to any appropriate application defendant cares to make.

  SO ORDERED.

20050422

© 1992-2005 VersusLaw Inc.



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