govinfo:USCOURTS-okwd-5_21-cr-00028-1

IN THE UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF OKLAHOMA 
UNITED STATES OF AMERICA, 
    
                          Plaintiff, 
 
-vs- 
 
JOHN MIGUEL SWAN, 
 
   Defendant. 
) 
) 
) 
) 
) Case No. CR-21-28-F 
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) 
) 
) 
ORDER 
Before the court is the defendant’s “M otion for Clear Error 18 U.S.C. 35(a) 
Correcting or Reducing a Sentence,” doc. no. 225, filed on March 19, 2025.  As with 
the defendant’s previous pro se  filings, the court construes defendant’s pleadings 
liberally and holds them to a less stringent standard than formal pleadings drafted by 
lawyers.  However, the court cannot and does not assume th e role of advocate for this 
pro se litigant.  Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991).   
A notice of appeal was filed in this case on March 11, 2025.  Doc. no. 222.  With 
limited exceptions, that filing divested this court of authority to entertain motions and 
grant relief on the merits. That said, the cour t, having reviewed the motion, notes that 
the matters presented in the motion are either  (i) a rehash of contentions previously 
advanced and rejected or (ii)  new arguments that come t oo late and are consequently 
waived. 
Accordingly, to the extent  that the motion presents matters that are properly 
before this court for consideration, the motion is DENIED. 
DATED this 20th day of March, 2025. 
 
 
 
 
 
 
21-0028p048.docx 
Case 5:21-cr-00028-G     Document 226     Filed 03/20/25     Page 1 of 1

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