U.S. v. Garcia

Full title: United States v. Garcia and Valentin

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

Date published: Aug 22, 2005

No. S1 02 Cr. 477 (LAK) (S.D.N.Y. Aug. 22, 2005)

Opinion

No. S1 02 Cr. 477 (LAK).

August 22, 2005

DAVID N. KELLEY, United States Attorney.

Katherine Polk Failla, Assistant United States Attorney.

LEWIS KAPLAN, District Judge

Dear Judge Kaplan:

As the Court is aware, the Second Circuit recently affirmed the judgments of conviction of defendants Yuri Garcia and Francisco Valentin, but remanded the cases to this Court pursuant toUnited States v. Crosby, 397 F.3d 107 (2d Cir. 2005), for a determination of whether to resentence the defendants. See United States v. Garcia, 413 F.3d 201 (2d Cir. 2005). This Court has scheduled a conference for Friday, September 16, 2005, and has requested briefing in advance of the conference on the issue of resentencing.

The Government has discussed the scheduling of the briefing with Brendan White, Esq., counsel for Garcia; it has not yet been able to discuss the issue with Glenn Garber, Esq., counsel for Valentin. The Government and Mr. White jointly propose that defense submissions concerning the appropriateness of resentencing be filed on or before September 1, 2005, and any Government responses thereto be filed on or before September 8, 2005.

Thank you for your consideration of this proposal.

SO ORDERED.