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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

Case No. 4:94cr4021-WS

vs.

ARTHUR JEROME MARTIN,

Defendant.

 /

REPORT AND RECOMMENDATION

ON MOTION TO CORRECT AND REDUCE SENTENCE

Defendant Arthur Jerome Martin filed a document titled as a "Motion to Correct

and Reduce Sentence Pursuant to 18 U.S.C. § 3742(a)(1) and 18 U.S.C. § 3553(a). 

Doc. 387. Defendant initially filed his motion in the Court of Appeals, but the document

was returned to him. Doc. 388. 

Defendant is not entitled to relief under § 3742 (pertaining to review on direct

appeal) or § 3553 (pertaining to the imposition of sentence). As he was advised in a

previous report and recommendation, any relief from his sentence would be pursuant to

28 U.S.C. § 2255, and since he has already been denied § 2255 relief he must obtain

authorization from the court of appeals to file a second or successive motion. Doc. 364

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1

 The undersigned also noted that Defendant could conceivably proceed with a

habeas corpus petition, but only if he could satisfy the "savings clause" of § 2255,

requiring a showing that the § 2255 remedy "is inadequate or ineffective to test the

legality of his detention." Doc. 364, p. 2 and n. 1 (citations omitted).

2

 Defendant's sentence was recently reduced pursuant to § 3582(c)(2), based on

Amendment 706 to the United States Sentencing Guidelines. Doc. 381. 

3

 Defendant is advised that a request for such a motion should be made in writing

to the warden, and must contain:

(1) The extraordinary or compelling circumstances that the inmate

believes warrant consideration.

(2) Proposed release plans, including where the inmate will reside, how

the inmate will support himself/herself, and, if the basis for the request

involves the inmate's health, information on where the inmate will receive

medical treatment, and how the inmate will pay for such treatment.

§ 571.61(a)(1) and (2). 

Case No. 4:94cr4021-WS 

(incorporated by reference), p. 2, see also docs. 365 and 366 (order adopting

recommendation and judgment entered on the docket on November 9, 2007).1

Authorization has not been granted here. 

Defendant complains that he has been incarcerated since 1994 and his health

has steadily declined. Doc. 387, p. 13. The sentencing court may reduce a sentence

on motion made by the Director of the Bureau of Prisons, if the court finds that

"extraordinary and compelling reasons warrant such a reduction," and "that such a

reduction is consistent with applicable policy statements issued by the Sentencing

Commission." 18 U.S.C. § 3582(c)(1)(A).2 No motion has been made by the Director.3 

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Case No. 4:94cr4021-WS 

It is therefore respectfully RECOMMENDED that Defendant's motion to correct

and reduce sentence, doc. 387, be SUMMARILY DENIED. 

IN CHAMBERS at Tallahassee, Florida, on December 4, 2008.

 S/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR.

UNITED STATES MAGISTRATE JUDGE

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Case No. 4:94cr4021-WS 

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 15 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 10 days after

being served with a copy thereof. Failure to file specific objections limits the scope of

review of proposed factual findings and recommendations.

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