USA v. Brown et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CRIMINAL CASE NO. 1:00-cr-00069-MR-5
UNITED STATES OF AMERICA )
)
)
vs. ) O R D E R
)
)
AMOS JUNIOR SCOTT. )
)
________________________________ )
THIS MATTER is before the Court on the Defendant’s “Motion for
Recommendation” [Doc. 179].
The Defendant moves this Court for a written recommendation in
support of the Defendant’s petition for an executive clemency and
sentencing commutation.
The Court is without jurisdiction to address the Defendant’s motion.
“A clemency petition is directed to the executive branch of government
which has the power to grant clemency or commute a sentence. As such,
clemency is an executive remedy not a judicial remedy.... Indeed, clemency
petitions and decisions to commute sentences are not the business of
judges and the courts.” Powell v. United States, Nos. 11-731-CG, 10-207-
CG-C, 2013 WL 1561490, at *1 (S.D. Ala. Mar. 13, 2013) (quoting United
Case 1:00-cr-00069-MR Document 181 Filed 05/20/14 Page 1 of 2

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States v. Lopez–Meza, Nos. CR 06–523–PHX–DGC, CV 06–2767–PHX–
DGC(VAM), 2006 WL 3499919, at *1-2 (D. Ariz. Dec. 4, 2006)).
Accordingly, IT IS, THEREFORE, ORDERED that the Defendant’s
“Motion for Recommendation” [Doc. 179] is DENIED WITHOUT
PREJUDICE.
IT IS SO ORDERED.
Signed: May 19, 2014
Case 1:00-cr-00069-MR Document 181 Filed 05/20/14 Page 2 of 2