United States District Court, S.D. New York
August 22, 2005.
Garcia and Valentin.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Dear Judge Kaplan:
As the Court is aware, the Second Circuit recently affirmed the
judgments of conviction of defendants Yuri Garcia and Francisco
Valentin, but remanded the cases to this Court pursuant to
United States v. Crosby, 397 F.3d 107 (2d Cir. 2005), for a
determination of whether to resentence the defendants. See
United States v. Garcia, 413 F.3d 201 (2d Cir. 2005). This
Court has scheduled a conference for Friday, September 16, 2005,
and has requested briefing in advance of the conference on the
issue of resentencing.
The Government has discussed the scheduling of the briefing
with Brendan White, Esq., counsel for Garcia; it has not yet been
able to discuss the issue with Glenn Garber, Esq., counsel for
Valentin. The Government and Mr. White jointly propose that
defense submissions concerning the appropriateness of
resentencing be filed on or before September 1, 2005, and any
Government responses thereto be filed on or before September 8,
2005. Thank you for your consideration of this proposal.
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