Free Order on Motion to Alter Judgment - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 HARVEY L. SLONIKER, Jr., 13 Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cr-00820-FJM Document 325 Filed 07/12/2007 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs.

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CR-04-0820-PHX-FJM ORDER

The court has before it a letter dated June 29, 2007 from the defendant Harvey Sloniker. The clerk shall accept the letter for filing in this case and send copies to all counsel of record. The defendant claims that there was a clerical error in his judgment because it fails to recommend that the defendant participate in the Bureau of Prisons residential drug abuse treatment program. But a review of the transcript of sentencing in this case demonstrates that there is no error. We did not recommend that the defendant participate in the Bureau of Prisons residential drug abuse treatment program. Nor did the presentence report make any such recommendation. To address the defendant's alcohol abuse, we provided a special condition of supervised release that he participate in a program of substance abuse treatment as a term and condition of supervised release following incarceration.

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Construing the defendant's letter as a motion under Rule 36, Fed. R. Crim. P., IT IS ORDERED DENYING it. The clerk is instructed to send a copy of this order not only to counsel of record, but also to the defendant and to Guillermo A. Pena, the lead writer of the presentence report in our probation department. DATED this 11th day of July, 2007.

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