Opinion
02 Civ. 1054 (LAK), (88 Crim. 931)
November 5, 2002
ORDER
The Court treats movant's application as a motion to reduce sentence pursuant to 18 U.S.C. § 3582(c). Assuming that movant seeks a reduction in his sentence on the basis of Amendment 599 to the Sentencing Guidelines, that amendment does not apply here in view of the fact that his 18 U.S.C. § 924 conviction has been set aside, he has been resentenced solely on the basis of other offenses. See United States v. Salazar, 133 F.3d 908 (2d Cir. 1998). The Court perceives no other arguable basis for relief.
Assuming arguendo that the motion should be treated as made under 28 U.S.C. § 2255, it would be denied as a second and successive petition.
Motion denied. Assuming that the motion should be treated as made under 28 U.S.C. § 2255, a certificate of appealability would be denied, and the Court would certify that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 1915(a)(3).
SO ORDERED.