Free Order on Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:01-cr-00320-WYD

Document 1120

Filed 01/18/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 01-CR-320-D No. 01-CR-319-D UNITED STATES OF AMERICA, Plaintiff, v. CORY W. HYNES, Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ This matter is before the Court upon a review of a letter sent by Defendant which was filed with this Court on December 28, 2005 (Criminal Case No. 01-CR-320 docket #1119 & Criminal Case No. 01-CR-319 docket #1141). In the letter, Defendant requests early termination of his probation. The Court will treat Defendant's letter as a motion for early termination of supervised release. After a careful review of Defendant's motion, the Court concludes that the motion should be denied. The length of Defendant' supervised release was established at s Defendant' sentencing and set forth in the Judgment. This motion essentially seeks a s modification of Defendant' sentence. The Court does not have inherent authority to s modify a previously imposed sentence, it may do so only pursuant to statutory authorization. United States v. Mendoza, 118 F.3d 707, 709 (10th Cir.), cert. denied, 522 U.S. 961 (1997). 18 U.S.C. § 3582 provides three grounds upon which a sentence

Case 1:01-cr-00320-WYD

Document 1120

Filed 01/18/2006

Page 2 of 2

may be modified. Defendant has not shown that any of those grounds are present in this case. Accordingly, it is ORDERED that Defendant' motion for early termination of supervised release, s filed December 28, 2005, is DENIED. Dated: January 18, 2006 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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