Order — United States v. Robert S. Stewart Jr. (E.D. Va., Dkt. 23, January 5, 2022)

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An order in United States v. Robert S. Stewart Jr, No. 1:21-cr-00005 (RDA), Document 23, filed January 5, 2022, in the U.S. District Court for the Eastern District of Virginia, Alexandria Division. It addresses the defendant's Motion to Amend the Judgment and Conviction Order, which seeks to amend a sentence of 21-months imprisonment by allowing the final 12 months to be served in a Bureau of Prisons Residential Re-Entry Center. The Court states that, given procedural limitations in the Federal Rule of Criminal Procedure 35(a) and the deference courts give to the Bureau of Prisons, altering the conditions of the sentence is not within its purview. It orders the Motion DENIED and says the defendant may order a transcript of the sentencing hearing to use in petitioning the Bureau of Prisons.

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Case 1:21-cr-O0005-RDA Document 23 Filed 01/05/22 Page 1 of 1 PagelD# 231

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

UNITED STATES OF AMERICA, )
)
V. )

) No. 1:21-cr-00005 (RDA)
ROBERT S. STEWART JR, )
)
)

Defendant.

ORDER

This matter comes before the Court on ROBERT S. STEWART JR’s (“Defendant”)
Motion to Amend the Judgment and Conviction Order (“Motion”). Dkt. 19. Defendant seeks to
amend his sentence of 21-months imprisonment by allowing him to serve the final 12 months of
his sentence in a Bureau of Prisons (“BOP”) Residential Re-Entry Center. Considering procedural
limitations contained in the Federal Rule of Criminal Procedure 35(a) and the deference courts
give to the Bureau of Prisons with respect to the Residential Re-Entry Program, it is not within
this Court’s purview to alter the conditions of Defendant’s sentence. Defendant should petition
the BOP directly. That said, a transcript of Defendant’s sentencing hearing may be ordered by
Defendant if Defendant would find this helpful in petitioning the BOP. Accordingly, it is hereby
ORDERED that Defendant’s Motion is DENIED.

It is SO ORDERED.

Alexandria, Virginia
January © , 2022
/s/

Rossie D. Alston, /Jr.
United States District Judge


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