Free Reply/Response Misc - District Court of Connecticut - Connecticut

Case 3:00-cr-00227-SRU

Document 1415

Filed 10/14/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. EDWARD ESTRADA, et al. : : : : :

Crim. No.: 3:00CR227(SRU) October 13, 2005

GOVERNMENT'S SUBMISSION OF INFORMATION RELEVANT TO CROSBY REMAND On October 12, 2005, the United States submitted a memorandum of law regarding a hearing pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir. 2005) which is scheduled for October 14, to determine if the district court would have imposed a non trivially different sentence if the Guidelines had been purely advisory. As set forth in the government's memorandum, the government is opposed to the imposition of a non Guidelines sentence. In the event the district court determines to re-sentence the defendant, the government submits the attached reports from the Bureau of Prisons in support of the government's argument that it would be unreasonable under the circumstances to reward the defendant with a lesser sentence in light of his continuing criminal activity.

Case 3:00-cr-00227-SRU

Document 1415

Filed 10/14/2005

Page 2 of 3

Reports detailing the defendant's possession of narcotics while in prison are appended hereto.

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

ALEX V. HERNANDEZ SUPERVISORY ASSISTANT U.S. ATTORNEY FEDERAL BAR NO. CT08345 915 LAFAYETTE BLVD. ROOM 309 BRIDGEPORT, CT 06604 (203) 696-3000 Fed. Bar Number: CT08345

ALINA P. REYNOLDS ASSISTANT UNITED STATES ATTORNEY

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Case 3:00-cr-00227-SRU

Document 1415

Filed 10/14/2005

Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that on October 13, 2005, a copy of the foregoing was faxed and mailed, postage prepaid, to the defendant's attorney of record:

Margaret P. Levy 21 Oak Street Hartford, CT 06106 Raymond Lopez Senior U.S. Probation Officer United States Probation Office 915 Lafayette Boulevard Bridgeport, CT 06604

Alex Hernandez

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