U.S. v. Navarro

Full title: UNITED STATES OF AMERICA, v. JERACIO NAVARRO, Defendant

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

Date published: Mar 18, 2005

No. 04 CR 899 (NRB) (S.D.N.Y. Mar. 18, 2005)

Opinion

No. 04 CR 899 (NRB).

March 18, 2005

Maria E. Douvas, Esq., Assistant U.S. Attorney, Southern District of New York, New York, NY, Counsel for the Government.

Deirdre D. von Dornum, Esq., The Legal Aid Society, Federal Defender Division, New York, NY, Counsel for defendant.

MEMORANDUM AND ORDER

NAOMI BUCHWALD, District Judge

The Government has moved to vacate the resentencing of the defendant, Jeracio Navarro. While this Court does not accept the breadth of the Government's argument about the scope of the Court's authority under Rule 35, in light of my comments at the original sentencing hearing I concur that in this case I did not have the authority to reduce Mr. Navarro's sentence from the original 46 months.

IT IS SO ORDERED.