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United States v. Burton

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


July 7, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MICHAEL BURTON, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

Defendant has filed, pro se, a motion for correction of sentence. The motion is denied. The sentence that this Court imposed was partially concurrent and partially consecutive with the New York State sentence defendant is presently serving. There is no basis to correct or modify the sentence. The fact that the defendant no longer qualifies for programs relating to his state sentence does not affect the validity of this Court's sentence.

CONCLUSION

Defendant's motion for correction of sentence is in all respects denied.

IT IS SO ORDERED.

Rochester, New York

20090707

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