United States District Court, S.D. New York
January 18, 2005.
JOSEPH GRILLO, Movant,
UNITED STATES OF AMERICA, Respondent.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Movant was convicted on his plea of guilty to one count of
theft of mail by a U.S. Postal employee and one county of access
device fraud in violation of 18 U.S.C. § 1709 and 1029(a)(3) and
2, respectively. He now moves for relief pursuant to
28 U.S.C. § 2255.
The nub of the issue is an error in the judgment of conviction.
As the transcript of the sentencing demonstrates, the Court
sentenced the movant in relevant part to "a term of imprisonment
of 33 months on each count, the terms to run concurrently." Tr.,
Dec. 22, 2003, at 13. Regretably, the judgment of conviction
erroneously states that movant was sentencing to 33 months "on
each count, the terms to run consecutively." The Court regrets
The motion is granted to the extent that the judgment of
conviction is modified to state that the movant was sentenced to
a term of 33 months imprisonment on each count, the terms to run
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