UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
May 23, 2007
UNITED STATES OF AMERICA, PLAINTIFF,
ANDRE HEMINGWAY, DEFENDANT.
The opinion of the court was delivered by: David G. Larimer United States District Judge
DECISION AND ORDER
Defendant pleaded guilty on May 3, 2007 and sentencing is currently scheduled for August 14, 2007. Pursuant to the plea agreement, defendant is to receive a sentence of 121 months imprisonment pursuant to FED. R. CRIM. P. 11(e)(1)(C).
At the time of the plea, Hemingway requested release pending sentence or a furlough. The motion is denied.
Hemingway was previously released but because of several violations, a petition to revoke his release was filed and the defendant did not contest it. Because of the nature of the violations, and the nature of the crime and the lengthy sentence, defendant's motion for a furlough is denied.
IT IS SO ORDERED.
Rochester, New York
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