United States v. Gjoni

Full title: UNITED STATES OF AMERICA v. ERVIS GJONI

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Aug 17, 2012

Mag. No. 11-182 (JLL) (D.N.J. Aug. 17, 2012)

Opinion

Mag. No. 11-182 (JLL)

08-17-2012

UNITED STATES OF AMERICA v. ERVIS GJONI

JOSE L. LINARES

Hon. Jose L. Linares

ORDER

This matter having come before the Court on the motion of defendant Ervis Gjoni for reconsideration of sentence, and the Court having considered the motion and the response of the United States thereto, the Court makes the following findings:

(1) This Court lacks jurisdiction because the case is pending with the Court of Appeals; and
(2) Regardless of jurisdiction, defendant has failed to establish that he is eligible for a reconsideration or correction of sentence.

Therefore, it is hereby ORDERED, this 17th day of August, 2012, that, pursuant to Rule 37(a)(2) of the Federal Rules of Criminal Procedure, that said motion is DENIED both on the merits and for lack of jurisdiction.

_________________

HON. JOSE L. LINARES

United States District Judge