Lizarraga-Lopez
Lizarraga-Lopez v. United States
Opinion
Opinion
Gonzalez, J.
ORDER (1) DENYING MOTION TO MODIFY SENTENCE AND/OR EARLY DEPORTATION; AND (2) DENYING CERTIFICATE OF AP-PEALABILITY [Doc. No. 174]
Movant Fernando Lizarraga-Lopez (“Lizarraga-Lopez”), a prisoner in federal custody proceeding pro se, brings this motion to modify his sentence in order to be deported five months prior to the expiration of his sentence, pursuant to the pre-release custody provisions of 18 U.S.C. § 3624 (c). Upon receipt of Lizarraga-Lo-pez’s motion, the Court finds that the matter is appropriate for summary disposition and thereby denies the motion without further briefing.
BACKGROUND
On September 29, 1999, Lizarraga-Lo-pez filed a motion to modify his sentence based on 18 U.S.C. § 3624 (c), which provides in pertinent part:
18 U.S.C. § 3624 (c). Lizarraga-Lopez argues that if his “status was one of resident alien or U.S. citizen, [he] almost likely would be placed in community confinement (halfway house) upon completion of 90% of [his] sentence.” (Def.’s Mot. at 1, ¶ 1.) Conceding that he is a deportable alien, Lizarraga-Lopez asks that the Court construe the eligibility of non-aliens to a five-month early release into community confinement as an eligibility of…