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United States v. West

United States District Court, Sixth Circuit

November 7, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES ROBERT WEST, Defendant.

MEMORANDUM, OPINION, AND ORDER

KAREN K. CALDWELL, Chief District Judge.

This matter is before the Court on West's motion for re-sentencing and to appoint counsel. (DE 57). Consistent with the Court's Order entered on October 16, 2013, (DE 56) denying West's request to appoint counsel, the Court lacks jurisdiction to provide West with the relief he seeks, and West's motion (DE 57) is denied. Federal Rule of Criminal Procedure thirty five provides that, except under the specific circumstances of subsection b, a court may only "correct a sentence that resulted from arithmetical, technical, or other clear error, " within fourteen days after sentencing. West was sentenced in 2010, and he has gone through the appeals process. West had appointed counsel to pursue his appeal. (DE 44). The Sixth Circuit affirmed the district court's judgment. (DE 50). Thus, even if there were some error in sentencing, this Court lacks jurisdiction to decide such a request.

Accordingly, West's motion to re-sentence and appoint counsel is DENIED.


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