Free Motion for Reconsideration - District Court of Connecticut - Connecticut

Case 3:00-cr-00227-SRU

Document 1576

Filed 02/22/2007

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA VS. FELIPE SANTANA : : : : :

NO. 3:00CR227 (SRU)

FEBRUARY 20, 2007

MOTION TO RECONSIDER RULING AND ORDER REGARDING REQUEST FOR RESENTENCING Now comes the defendant, FELIPE SANTANA, by and through his attorney, Carlos E. Candal, and hereby respectfully requests this Honorable Court to reconsider its Ruling and Order and re-sentence the defendant to a nontrivially different sentence, for the following reasons: 1. The Court of Appeals previously issued an Order to have the

Defendant's case remanded to this Court to determine if it would have imposed a non-trivially different sentence if the Sentencing Guidelines had been advisory. 2. On March 13, 2006, the Defendant filed a Sentencing Memorandum

in support of his request to have this Court re-sentence him. 3. On December 13, 2006 this Honorable Court denied the defendant's

request for re-sentencing indicating that "Based upon that review, I have decided that I would not have sentenced Santana to a non-trivially different

Case 3:00-cr-00227-SRU

Document 1576

Filed 02/22/2007

Page 2 of 3

sentence had the Sentencing Guidelines been advisory at the time of his initial sentencing". 4. Having received this decision, the Defendant respectfully requests

that this Honorable Court reconsider its previous decision to deny his request and reconsider whether it would have imposed a non-trivially different sentence. WHEREFORE, Counsel prays that his Motion for Reconsideration be granted, and that he be given the opportunity to provide this Court with any additional memorandums needed in support of this request.

Respectfully Submitted THE DEFENDANT FELIPE SANTANA BY__________________________________ CARLOS E. CANDAL Federal Bar No. ct18667 Law Offices of Carlos E. Candal, LLC 205 Church Street, Suite 306 New Haven, CT 06510 (203) 562-3000 FAX: (203) 772-3726 His Attorney

CERTIFICATION OF SERVICE This is to certify that a copy of the foregoing motion was mailed on this

Case 3:00-cr-00227-SRU

Document 1576

Filed 02/22/2007

Page 3 of 3

_____ of February, 2007 to the following: A.U.S.A. Alina Reynolds 915 Lafayette Blvd. Bridgeport, CT 06604 Felipe Santana Inmate # 14056-014 Gilmer Federal Correctional Institution P.O. Box 6000 Glenville, WV 26351

__________________________ Carlos E. Candal, Esq.