Fill and Sign the Motion Amend Sentence Form

Criminal Action No. _______ _______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _______ , STATE OF LOUISIANA STATE OF LOUISIANA VS ______________ * * * MOTION AND ORDER TO AMEND SENTENCE NOW INTO COURT, through undersigned counsel, comes your Defendant, ______________ , who respectfully represents the following: l. The Defendant plead guilty before the Honorable ______________ on _______ ____ , 20 ____ to the charges of ______________ and ______________ . 2. On _______ ____ ,20 ____ , the Defendant was sentenced to serve _______ ( ____ ) years at hard labor, which sentence was made executory on _______ ____ , 20 ____ . 3. Prior to _______ ____ , 20 ____ , your Defendant was arrested by the State of _______ for a probation violation and was sentenced to a term of imprisonment of _______ ( ____ ) months. 4. Prior to being released from custody by the ______________ Department of Corrections, ______________ was indicted by the United States Attorney for the Southern District of ____ ____ , for his participation in a criminal enterprise which arose out of the same facts and circumstances for which the Louisiana conviction arose. 5. In _______ 20 ____ , ____ ____ was sentenced to _______ ( ____ ) months and was remanded into the custody of the United States Attorney General, and upon release from imprisonment to serve _______ ( ____ ) years of supervised release. ______________ had plead guilty to _______ ( ____ ) counts of ______________ . 6. Although the imprisonment range as contained in the Judgment in a criminal case was _______ ( ____ ) to _______ ( ____ ) months, ______________ was sentenced to _______ ( ____ ) months of imprisonment due to his substantial assistance pursuant to U.S.S.G. 5K1.1. (A copy of which is attached hereto and made a part hereof.) 7. In addition, the Louisiana conviction of ______________ was used in the Federal proceedings to enhance the possible sentence by the maximum of three (3) points. This in essence increased ______________ ’s exposure to a lengthier sentence. 8. As a result of ______________ = s inability to report to serve his prison sentence in Louisiana, a warrant of arrest was issued and, subsequently, a detainer was lodged with the Bureau of Prisons. 9. As a result of the detainers being lodged against ______________ , he will not be given the opportunity to participate in the A D.A.P. Program @ , which is an intense 500-hour residential drug and alcohol program followed by an eleven (11) month intense residential A after care @ program under the supervision of the United States Probation Department. 10. ______________ , Assistant District Attorney for the Parish of _______ , was contacted and has no opposition to the court amending its sentence to run concurrently with ______________ ’s Federal incarceration and to giving him credit for time served while in Federal custody. WHEREFORE, ______________ , prays that this court amend its sentence to reflect that the _______ ( ____ ) years at hard labor are to run concurrent with ______________ = s Federal incarceration and to allow him credit for time served while in Federal custody. Respectfully Submitted, ______________________________ ______________ Attorney for Defendant ______________ _______ , LA ____ ( ____ ) _______ NO OBJECTION: ___________________________ ______________ Assistant District Attorney Criminal Action No. _______ _______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _______ , STATE OF LOUISIANA STATE OF LOUISIANA VS ______________ * * * ORDER After reviewing the pleadings and the exhibits attached hereto, IT IS ORDERED that the sentence imposed on ______________ , Docket Number _______ , Parish of ____ ____ , rendered on the ____ day of _______ 20 ____ , be and is hereby amended to reflect that said _______ (       ) year sentence shall be served concurrently with ______________ = s Federal sentence in case number _______ , for the Southern District of _______ ; IT IS FURTHER ORDERED that ______________ is to be given credit for all time served in Federal custody. SIGNED, this _____ day of _________________ 20 ____ , at _______ , Louisiana. ______________________________ DISTRICT JUDGE * * * CERTIFICATE I HEREBY CERTIFY that a copy of the above and foregoing pleading has been forwarded to all opposing counsel by hand delivering same. _______ , Louisiana this _______ day of _________________, 20 ____ . ______________________________ ______________