Green v. United States of America

Filing 3

ORDER denying 1 Motion to vacate, set aside, or correct sentence (2255) . Signed by Judge Wm. Terrell Hodges on 7/13/2005. (JP)

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Green v. United States of America Doc. 3 Case 5:05-cv-00312-WTH-GRJ Document 3 Filed 07/13/2005 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION KENNETH LEROY GREEN, Petitioner, -vsUNITED STATES OF AMERICA, Respondent. / Case Nos. 5:05-cv-312-Oc-10GRJ 5:03-cr-72-Oc-10GRJ ORDER DENYING PETITION The Defendant/Petitioner has made a motion under 28 USC 2255 seeking a reduction in sentence. There are two aspects to the motion. First, the Defendant/Petitioner simply seeks a reduction in the term of his commitment on the ground that a lesser sentence "may be more appropriate under the circumstances." The Court has no jurisdiction to grant a reduction of sentence on that basis. The second aspect of the motion suggests that the term of 8 years supervised release is in excess of the maximum term permitted by law. In that respect the motion simply overlooks the Government's pretrial information to establish prior convictions (Doc. 77) which invoked 21 USC 841(b)(1)(B) providing for a term of supervised release of at least 8 years. Case 5:05-cv-00312-WTH-GRJ Document 3 Filed 07/13/2005 Page 2 of 2 The Petition is DENIED and the Clerk is directed to enter judgment accordingly. IT IS SO ORDERED. DONE and ORDERED at Ocala, Florida, this 13th day of July, 2005. Copies to: Kenneth Leroy Green, pro se Counsel of Record Maurya McSheehy 2

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