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United States v. Scippio

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


October 2, 2009

UNITED STATES OF AMERICA,
v.
STEVEN SCIPPIO, DEFENDANT.

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

ORDER

Pursuant to the Order of the Court of Appeals for the Second Circuit remanding the above-captioned action under United States v. Regalado, 518 F.3d 143 (2d Cir. 2008), for consideration of whether re-sentencing is appropriate, the court has concluded that re-sentencing is appropriate. The Office of Probation is directed to submit revised calculations based upon the recent amendments to the crack-cocaine sentencing guidelines and a revised recommendation for sentencing by October 14, 2009. Defendant's counsel shall make any submission regarding resentencing by October 21, 2009. The government shall file a response, if any, by October 28, 2009. Re-sentencing will be held on November 3, 2009, at 10 a.m.

SO ORDERED.

NINA GERSHON United States District Judge

20091002

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