Free Response - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona THOMAS C. SIMON Assistant U.S. Attorney Arizona State Bar No. 3857 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-00-0078-PHX-RCB Plaintiff, v. John Timothy Miller, Defendant. The United States, through counsel undersigned, respectfully moves this court to deny RESPONSE TO DEFENDANT'S REQUEST FOR MODIFICATION OF SENTENCE

16 Defendant's Request for Modification of Sentence. In that regard, on February 19, 2002, 17 defendant entered guilty pleas to five separate counts of Bank Robbery in violation of 18 U.S.C. 18 § 2113(a). On May 10, 2003, defendant was sentenced to the custody of the Bureau of Prisons 19 for a term of 100 months on each count, the sentences to run concurrently. 20 While incarcerated, defendant successfully completed the Bureau of Prisons 500-hour

21 Residential Drug Abuse Treatment Program. 18 U.S.C. § 3621(e)(2)(B) provides that prisoners 22 convicted of nonviolent offenses who successfully complete such a program are eligible for up 23 to a one year reduction in sentence at the discretion of the Bureau of Prisons: 24 25 26 27 28 (B) Period of custody. ­ The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve. (Emphasis added.)

Case 2:00-cr-00078-RCB

Document 73

Filed 09/22/2005

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However, the Bureau of Prisons Program Statement 5162.04 lists violent offenses to

2 include Bank Robbery in violation of 18 U.S.C. § 2113(a), defendant's crimes of conviction. 3 Therefore, defendant is not eligible for this reduction. 4 While the government's applauds defendant's accomplishments while incarcerated,

5 defendant's "appeal on a sense of equity" is without legal basis and fails to provide the Court 6 with the authority to modify the defendant's previously imposed sentences. Therefore, 7 defendant's request for modification of sentence should be denied. 8 Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or an

9 order based thereon. 10 11 12 13 S/Thomas C. Simon 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
John Timothy Miller Federal Correctional Institution Reg. No. 21826-008, Unit 1-B Post Office Box 5000 Sheridan, OR 97378 I hereby certify that on September 22, 2005, I served the attached document by mail on the following, who is not a registered participant of the CM/ECF system:

Respectfully submitted this 22nd day of September, 2005. PAUL K. CHARLTON United States Attorney District of Arizona

THOMAS C. SIMON Assistant U.S. Attorney

Case 2:00-cr-00078-RCB

Document 73

Filed 09/22/2005

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