U.S. v. Milstein

Full title: UNITED STATES OF AMERICA, v. JEFFREY MILSTEIN, Defendant

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

Date published: Apr 6, 2005

No. 03 Cr. 989 (SWK) (S.D.N.Y. Apr. 6, 2005)

Opinion

No. 03 Cr. 989 (SWK).

April 6, 2005

OPINION ORDER

SHIRLEY KRAM, Senior District Judge

Defendant Jeffrey Milstein moves to vacate or otherwise amend this Court's sentence of March 31, 2004.

The defendant's submission provides no basis, either in law or in fact, to vacate or reconsider his sentence. In light of the recent decisions in United States v. Booker, 125 S.Ct. 738 (2005) and United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), the Court finds that the defendant's March 31, 2004 sentence was entirely reasonable. Accordingly, the motion to vacate is denied.¹

1 Because Milstein's application is so clearly devoid of merit, oral argument on the motion is unnecessary.

SO ORDERED.