Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:02-cr-00250-AWT

Document 658

Filed 03/23/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ) ) ) ) ) ) ) ) ) ) )

UNITED STATES OF AMERICA, Plaintiff, -vRODNEY BRANDY, Defendant.

Crim. No. 3:02CR250 (AWT)

March 22, 2006

MOTION FOR PERMISSION TO FILE BRIEF IN SUPPORT OF REQUEST FOR RESENTENCING The defendant, Rodney Brandy, respectfully requests that this Court grant him permission to file a brief in support of his request to be resentenced, and states the following in support: 1. The Second Circuit has remanded Mr. Brandy's case to this Court in light of

United States v. Booker, 125 S. Ct. 738 (2005) and United States v. Crosby, 397 F.3d 103 (2d Cir. 2005) "for further proceedings in conformity with Crosby." 2. Following this remand, which took place in April, 2005, undersigned counsel

requested that the Court appoint him as CJA counsel for Mr. Brandy, which the Court did by Order dated May 9, 2005. 3. At that time, undersigned counsel also requested permission to file with the

Court a brief in support of Mr. Brandy's claim that this Court should order a resentencing in

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Case 3:02-cr-00250-AWT

Document 658

Filed 03/23/2006

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light of Booker and Crosby. Because the Court has not yet acted on that request, Mr. Brandy renews it by this motion. 4. In the event the Court grants this motion, Mr. Brandy attaches a brief in support

of his request that the Court order that he be resentenced. Wherefore, for the reasons set forth above, Mr. Brandy respectfully requests permission to file the attached brief in support of his request that the Court resentence him in light of Booker and Crosby. Respectfully submitted,

By:_______________________________________ Joseph W. Martini (ct 07225) Pepe & Hazard LLP 30 Jelliff Lane Southport, CT 06890 (203) 319-4002 (203) 259-0251 fax [email protected]

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Case 3:02-cr-00250-AWT

Document 658

Filed 03/23/2006

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CERTIFICATION This is to certify that a copy of the foregoing was sent by first-class mail, this 22nd day of March, 2006, to the following counsel of record: H. Gordon Hall, Esq. Assistant United States Attorney Office of United States Attorney 157 Church Street, 23rd Floor New Haven, CT 06510

___________________________ Joseph W. Martini

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