Free Order on Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:03-cr-00223-EBB

Document 100

Filed 02/08/2006

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA v. BERNABE DIAZ

: : : NO. 3:03CR223(EBB)

RULING ON DEFENDANT'S MOTION FOR RESENTENCING

Following remand, pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), for this court to determine whether defendant should be resentenced in light of United States v. Booker, 543 U.S. 220 (2005), defendant filed the pending motion. The court sentenced defendant on June 24, 2004, to a term of 96 months in prison, to be followed by three years of supervised release, having calculated defendant's sentencing guideline range to be 87 to 108 months, which included a refusal to give defendant an extra point for acceptance of responsibility and an increase in his Criminal History category to III. At relevant the time of of and sentencing, 18 U.S.C. the § and court considered the

factors (1)

3553(a), (C), as

particularly well as the

subdivisions

(2)(A)(B)

Sentencing Guidelines.

Had the Sentencing Guidelines been

advisory, rather than mandatory, on June 24, 2004, the court would not have imposed a materially different sentence.

Case 3:03-cr-00223-EBB

Document 100

Filed 02/08/2006

Page 2 of 2

Accordingly, Defendant's Motion for Resentencing [Doc. No. 95] is denied. SO ORDERED. /s/ Ellen B. Burns ELLEN BREE BURNS, SENIOR JUDGE UNITED STATES DISTRICT COURT Dated at New Haven, CT, this 8th day of February, 2006.

2