United States District Court, S.D. New York
September 6, 2005.
UNITED STATES OF AMERICA,
JEFFREY OTIS REDDEN, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Defendant is serving a sentence of life imprisonment plus 10
years and, inter alia, payment of the mandatory special
assessment of $300. He has filed what he calls a special motion
for an experte nunc pro tunc order for temp exempt FRP status. As
best the Court can discern, he appears to seek an order relieving
him of the obligation to pay the $300 on the ground the Bureau of
Prisons is insisting that he pay it in $25 per quarter
installments, that he may not have funds to do so, and that the
failure to do so may result in the loss of institutional
The statute relied upon by defendant, 18 U.S.C. § 3664(k), does
not give the Court the power to modify the sentence imposed in
respect of the special assessment. Moreover, the issue at the
moment is purely hypothetical. There will be time enough for
defendant to challenge any action by the Bureau of Prisons if, as
and when his privileges are suspended.
The motion is denied.
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