UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
January 3, 2007
UNITED STATES OF AMERICA,
CHRISTOPHER THOMAS, DEFENDANT.
The opinion of the court was delivered by: John Gleeson, United States District Judge
The case is before me on a Crosby remand from the court of appeals. Such a remand calls upon the district court to, in essence, complete a plain error review by determining whether a nontrivially different sentence would have been imposed had the U.S. Sentencing Guidelines been perceived as advisory, not mandatory.
I have reviewed the case as directed by the court of appeals, and I have determined that the sentence imposed on the defendant would not have been different if I had perceived the Guidelines as advisory only. Accordingly, I conclude that resentencing is not appropriate.
Consistent with that conclusion, the defendant's motions for (1) resentencing (including his request for a recalculation of the restitution order); (2) an order withdrawing his plea of guilty to count two; and (3) appointment of counsel are all denied. His motion dated December 13, 2006 for an amended judgment reflecting his eligibility for parole is denied as well.
John Gleeson, U.S.D.J.
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