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United States v. Barry

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 27, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MAMADOU BARRY, DEFENDANT.

The opinion of the court was delivered by: Gershon, United States District Judge

ORDER

This case is before me on remand from the United States Court of Appeals for the Second Circuit for further proceedings in conformity with United States v. Booker, 543 U.S. 220 (2005), and United States v. Crosby, 397 F.3d 103 (2d Cir. 2005). Having reviewed the parties' submissions, I conclude that, under the circumstances existing at the time that the original sentence was imposed, the original sentence would not have been materially different had the United States Sentencing Guidelines been advisory rather than mandatory. Therefore, a resentencing is not required and will not be ordered.

SO ORDERED.

NINA GERSHON United States District Judge

20060227

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