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United States v. Toole

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
Nov 7, 2013
06-CR-6024L (W.D.N.Y. Nov. 7, 2013)

Opinion

06-CR-6024L

11-07-2013

UNITED STATES OF AMERICA, Plaintiff, v. ALGERNON TOOLE, Defendant.


DECISION AND ORDER

Defendant Algernon Toole's ("Toole") motion (Dkt. #410) for reconsideration of his sentence based on a recent United States Supreme Court decision, Alleyne v. United States, decided June 17, 2013, is in all respects denied. Alleyne does not affect the judgment and sentence of Toole and, even if it did, there is no basis to retroactively apply the Alleyne decision which was decided many years subsequent to Toole's conviction after trial and sentence. See United States v. Redd, 2013 U.S. App. LEXIS 22423, 2d Cir. November 5, 2013).

IT IS SO ORDERED.

________________________

DAVID G. LARIMER

United States District Judge
Dated: Rochester, New York

November 7, 2013.


Summaries of

United States v. Toole

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
Nov 7, 2013
06-CR-6024L (W.D.N.Y. Nov. 7, 2013)
Case details for

United States v. Toole

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. ALGERNON TOOLE, Defendant.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

Date published: Nov 7, 2013

Citations

06-CR-6024L (W.D.N.Y. Nov. 7, 2013)