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

Case 3:03-cr-00188-CFD

Document 105

Filed 09/29/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA v.

: : CRIMINAL NO. 3:03CR188(CFD)

MICHAEL G. SPERO

: SEPTEMBER 29, 2005

GOVERNMENT'S MOTION FOR SCHEDULING ORDER The above-captioned matter was the subject of an appeal taken to the United States Court of Appeals for the Second Circuit, Docket No. 05-0408-cr. By Order dated September 14, 2005, the Second Circuit ordered that this matter be remanded to the district court for a determination of whether to resentence the appellant in light of the Supreme Court's decision in United States v. Booker, 125 S. Ct. 738 (2005) and United States v. Crosby, 397 F.3d 103 (2d Cir. 2005). See also United States v. Fagans, 406 F.3d 138 (2d Cir. 2005). Pursuant to United States v. Fagans, the defendant having preserved his rights under United States v. Blakely, ___ U.S. ____ (2004), it appears that the defendant has a right to a full sentencing hearing and therefore has a right to be present at such a hearing. Therefore, the Government hereby requests that this Court schedule a date for a sentencing hearing. To the extent the Court is of the view that any additional sentencing memoranda would be helpful to the Court, the Government also requests that the Court set a briefing schedule, with the defendant having the opportunity to address any issues beyond those

Case 3:03-cr-00188-CFD

Document 105

Filed 09/29/2005

Page 2 of 2

already briefed in this matter, and with the Government having an opportunity to respond to any memoranda filed by the defendant. The Government has consulted with counsel for the defendant, and said counsel has authorized the Government to represent that there is no objection to this motion.

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

JOHN A. DANAHER III ASSISTANT UNITED STATES ATTORNEY Federal Bar No. ct05101 450 Main Street, Rm. 328 Hartford, CT 06103 (860) 947-1101

CERTIFICATION OF SERVICE I hereby certify that a copy of the foregoing has been mailed and faxed this 29th day of September, 2005, to the following: Richard S. Cramer, Esq. (Facsimile 860-257-3498) 449 Silas Deane Highway Wethersfield, CT 06109-2120

_________________________________________ JOHN A. DANAHER III ASSISTANT UNITED STATES ATTORNEY

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