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United States of America v. Michael Holmes

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 9, 2013

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

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

DECISION AND ORDER

Defendant's motion (Dkt. #59) styled as a motion for relief based on post-sentencing rehabilitative efforts is denied. This Court has no jurisdiction to grant such relief from the aggregate 120 month sentence imposed on April 7, 2008. The Guideline sections referenced by defendant, Sections5K2.19 and 5K2.20 are not applicable. Section 5K2.19 has been deleted effective November 1, 2012 and would not have applied in any event since it related to resentencing of a defendant. Section 5K2.20 also does not apply to a situation where a defendant has already been sentenced.

CONCLUSION

Defendant's motion (Dkt. #59) for post conviction relief is in all respects denied. IT IS SO ORDERED.

20130109

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