MANON v. U.S., 11-cv-383-PB. (2012)
Court: District Court, D. New Hampshire
Number: infdco20120313962
Visitors: 6
Filed: Mar. 12, 2012
Latest Update: Mar. 12, 2012
Summary: ORDER PAUL BARBADORO, District Judge. Re: Document No. 1, Motion to Vacate Sentence — 2255 Ruling: The defendant's motion seeks a resentencing. The government notes that the sentence the defendant received was within the guideline range even if my determination that the defendant was a career offender was incorrect. Thus, it is by no means clear that the defendant would benefit from resentencing even if I were to correct the claimed error. The defendant shall file a supplemental brief within
Summary: ORDER PAUL BARBADORO, District Judge. Re: Document No. 1, Motion to Vacate Sentence — 2255 Ruling: The defendant's motion seeks a resentencing. The government notes that the sentence the defendant received was within the guideline range even if my determination that the defendant was a career offender was incorrect. Thus, it is by no means clear that the defendant would benefit from resentencing even if I were to correct the claimed error. The defendant shall file a supplemental brief within 1..
More
ORDER
PAUL BARBADORO, District Judge.
Re: Document No. 1, Motion to Vacate Sentence — 2255
Ruling: The defendant's motion seeks a resentencing. The government notes that the sentence the defendant received was within the guideline range even if my determination that the defendant was a career offender was incorrect. Thus, it is by no means clear that the defendant would benefit from resentencing even if I were to correct the claimed error. The defendant shall file a supplemental brief within 14 days, with citations to the sentencing hearing transcript, explaining why the defendant should receive a lower sentence if I were to determine that I erred in classifying him as a career offender. The government shall file a response to the defendant's brief within 14 days thereafter. I will only rule on the merits of the motion if I determine that a positive ruling could affect the defendant's sentence.
Source: Leagle
