Salcido-Corral v. USA

Filing 6

ORDERED that movant's motion for reduction of sentence (Doc. #1) is DENIED. The Motion to dismiss 3 is GRANTED. Signed on 3/13/2012 by District Judge Howard F. Sachs. (Baldwin, Joella) Modified on 3/13/2012 to reflect copy mailed to PRO SE party Maria Salcido-Corral(Baldwin, Joella).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
MARIA SALCIDO-CORRAL
Plaintiff,
v.
UNITED STATES OF AMERICA
Defendant.

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Case No. 12-CV-0094-W-HFS

ORDER

For reasons set forth in the Government’s Motion to Dismiss (Doc. 3), movant’s motion for
reduction of her sentence (Doc. 1) is DENIED. The motion to dismiss (Doc. 3) is GRANTED.
Regarding her expectations that the sentence would be reduced, because of cooperation, the
agreement plainly stated that the prosecution evaluation of “substantial assistance” was to be made
solely by the prosecutor, not by the judge. This is in accordance with law governing such motions.
The court has no authority to grant relief without a motion from the Government.
Any request for a certificate of appealability will be DENIED.
/s/Howard F. Sachs
HOWARD F. SACHS
UNITED STATES DISTRICT JUDGE
March 13, 2012
Kansas City, Missouri