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United States v. Ayers

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 5, 2006

UNITED STATES OF AMERICA,
v.
MICHAEL JAMES AYERS, DEFENDANT.

The opinion of the court was delivered by: Thomas J. McAVOY Senior United States District Judge

DECISION and ORDER

This matter was remanded to this Court for consideration of re-sentencing in light of United States v. Booker, 125 S. Ct. 738 (2005) and United States v. Fagans, 406 F.3d 138 (2d Cir. 2005).Upon consideration of all relevant factors, including the government's submissions, Defendant's submissions, and the sentencing factors set forth at 18 U.S.C. § 3553, the Court finds that re-sentencing is not warranted, and that a sentence of 60 months is and remains appropriate and reasonable.

IT IS SO ORDERED.

20061205

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