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.
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DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
November 7, 2013.