Opinion
5:05-CR-519.
August 3, 2007
HON. GLENN T. SUDDABY, United States Attorney, EDWARD R. BROTON, ESQ., Assistant U.S. Attorney, Attorney for Government, Syracuse, New York.
JAMES F. GREENWALD, ESQ., OFFICE OF FEDERAL PUBLIC DEFENDER, Attorney for Defendant, Syracuse, New York.
ORDER
Defendant has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. (Docket No. 86). The Government opposes. (Docket No. 87). Defendant has replied. (Docket No. 89).
An appeal to the Second Circuit is pending. There are no extraordinary circumstances. The motion is premature.
Therefore, the motion is DENIED.
IT IS SO ORDERED.