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United States v. Magee

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 6, 2008

UNITED STATES OF AMERICA,
v.
HERBERT MAGEE, DEFENDANT.

The opinion of the court was delivered by: Spatt, District Judge.

MEMORANDUM OF DECISION AND ORDER

The Government is ordered to show cause in writing on or before March 7, 2008 why the Court should not sua sponte, pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10 (as amended effective March 3, 2008), re-sentence the Defendant on April 11, 2008 at 10 o'clock in the forenoon.

James C. Neville, Esq., is hereby appointed pursuant to the Criminal Justice Act to represent the Defendant in this matter. Any response to the Government's submission shall be filed on or before March 14, 2008. Any reply shall be filed on or before March 19, 2008. The parties are directed to appear in courtroom 1020 on April 11, 2008 at 10a.m. for the Defendant's re-sentencing.

The United States Department of Probation is directed to obtain all records regarding the Defendant's behavior during his current term of incarceration and produce all such records to this Court on or before March 19, 2008. The Probation Department is further ordered to submit any amendments to the Defendant's presentence report on or before March 19, 2008.

So Ordered.

Arthur D. Spatt United States District Judge

20080206

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