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U.S. v. MENDEZ

United States District Court, Southern District of New York


August 25, 2003

UNITED STATES OF AMERICA -V- THOMAS MENDEZ, DEFENDANT(S)

The opinion of the court was delivered by: Laura Taylor Swain, District Judge

ORDER

The Court having received and reviewed letters of counsel in connection with the scheduled sentencing in this matter, it is hereby

ORDERED, that the sentencing scheduled for September 4, 2003 will be adjourned, and that an evidentiary hearing will be held on September 9, 2003, beginning at 9:30 a.m. for the receipt of evidence pertaining to the parties' factual contentions relating to 1) the propriety of an upward role adjustment pursuant to U.S.S.G. section 3B1.1(c), 2) the propriety of an upward adjustment pursuant to U.S.S.G. section 3C1.3, 3) defendant's application for a downward departure, and 4) any other factual disputes identified in the parties' correspondence that are material to sentencing.

IT IS SO ORDERED. [ Page 1]

20030825

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