United States District Court, S.D. New York
April 22, 2005.
UNITED STATES OF AMERICA,
ISHAQ MUMIN a/k/a Michael Dent, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
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.
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