Grillo v. U.S.

Full title: JOSEPH GRILLO, Movant, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, S.D. New York

Date published: Jan 18, 2005

04 Civ. 10170 (LAK) (S.D.N.Y. Jan. 18, 2005)

Opinion

04 Civ. 10170 (LAK).

January 18, 2005

ORDER

LEWIS KAPLAN, District Judge

Movant was convicted on his plea of guilty to one count of theft of mail by a U.S. Postal employee and one county of access device fraud in violation of 18 U.S.C. § 1709 and 1029(a)(3) and 2, respectively. He now moves for relief pursuant to 28 U.S.C. § 2255.

The nub of the issue is an error in the judgment of conviction. As the transcript of the sentencing demonstrates, the Court sentenced the movant in relevant part to "a term of imprisonment of 33 months on each count, the terms to run concurrently." Tr., Dec. 22, 2003, at 13. Regretably, the judgment of conviction erroneously states that movant was sentencing to 33 months "on each count, the terms to run consecutively." The Court regrets the error.

The motion is granted to the extent that the judgment of conviction is modified to state that the movant was sentenced to a term of 33 months imprisonment on each count, the terms to run concurrently.

SO ORDERED.