*1 Case 1:05-cr-00331-REB Document 139 Filed 05/16/06 USDC Colorado Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Criminal Case No. 05–cr–00331–EWN
UNITED STATES OF AMERICA,
Plaintiff,
v.
1. SANTIAGO YANEZ MARTINEZ,
Defendant ORDER This matter is before the court on a Petition for Commutation of Sentence (#138) filed by Defendant Santiago Yanez Martinez. Commutation of a sentence is relief ordinarily granted by the Executive Branch of the federal government as an act of executive clemency. This is what Defendant's selected form appears to request. If Defendant is asking the court to reduce his sentence as a judicial act, rule 35 of the Federal Rules of Criminal Procedure precludes this relief in these circumstances. In either case, the motion must be DENIED.
Dated this 16 th day of May, 2006.
BY THE COURT: s/ Edward W. Nottingham EDWARD W. NOTTINGHAM United States District Judge.