UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
October 2, 2009
UNITED STATES OF AMERICA,
STEVEN SCIPPIO, DEFENDANT.
The opinion of the court was delivered by: Gershon, District Judge
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.
NINA GERSHON United States District Judge
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