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

Case 3:00-cr-00227-SRU

Document 1391

Filed 07/18/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. CHARLES DEJESUS, a.k.a. "Chino" : : : : :

Crim. No.: 3:00CR227(SRU) July 18, 2005

GOVERNMENT'S MEMORANDUM IN OPPOSITION TO RESENTENCING Defendant Charles DeJesus has moved the Court to consider resentencing him pursuant to the decision of the United States Court of Appeals for the Second Circuit in the case of United States v. Crosby, 397 F.3d 103 (2d Cir. 2005). been scheduled for July 19, 2005. A hearing has

Based upon the government's

"Omnibus Memorandum in Aid of Sentencing" dated July 8, 2002, the government's "Memorandum in Aid of Sentencing" dated July 8, 2002, and the full record of the sentencing hearing dated September 6, 2002, and the full record of trials and sentencing hearings held by the district court, the government respectfully urges the court to find that it would not have imposed a materially non-trivially different sentence if the Guidelines had been purely advisory.

Case 3:00-cr-00227-SRU

Document 1391

Filed 07/18/2005

Page 2 of 3

The government respectfully requests an opportunity to file additional memoranda in opposition to the defendant's request that he be resentenced.

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY ALINA P. REYNOLDS ASSISTANT UNITED STATES ATTORNEY ALEX HERNANDEZ SUPERVISORY ASSISTANT UNITED STATES ATTORNEY FEDERAL BAR NO. CT08345 915 LAFAYETTE BLVD. ROOM 309 BRIDGEPORT, CT 06604 (203) 696-3000 Fed. Bar Number: CT08345

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Case 3:00-cr-00227-SRU

Document 1391

Filed 07/18/2005

Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that on July 18, 2005, a copy of the foregoing was mailed, postage prepaid, to the following: Robert G. Golger, Esq. Quatrella & Rizio, LLC One Post Road P.O. Box 320019 Fairfield, CT 06432 Alex Hernandez

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