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Docket Number(s): Motion For: 06-3840-cr
UNITED STATES COURT OF APPEALS FOR'~~SECOND CIRCUIT
Motion Information Statement USA v. John Hackney
- 0 ~ ~
Set fortb below precise, complete statement of relief sought: Remand to the district court for the limited purpose of considering whether to resentence in light of United States v. Booker, 125 S. Ct. 738 (2005), and United States v. Crosby, No. 03-1675 (2d Cir. Feb. 2,2005), and in the event that the district court would impose a nontrivially different sentence in light of Booker and Crosby, then for resentencing pursuant to Fed. R. Crim. P. 32. Moving Party:
United States of America
-Plaintiff 0 ~efendant -~ ~ ~ e l l a n t l ~ e ~ t i o n e r
Kevin J. O'Connor United States Attorney District of Cormecticut 157 Church Street New Haven, CT 06510 by: Tel: e-mail: John H. Durham, Deputy U.S. Atty., (203) 821-3817 [email protected] Moving Attorney: Opposing Attorney: Firm: Address:
Whadey Drake & Kallas, LLC 2323 2" Ave., North Birmingham, AL 35202-0647 (205) 328-9576
Court-JudgdAgency appealed from: Please check appropriate boxes:
Has consent of opposing counsel:
United States District Court for the District of Connecticut (Burns, J.) FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL
X Yes A N o A. been sought? B. been obtained? yes =No 0 IS oral argument requested? -Yes No (requests for oral argument will not necessarily be granted).
Has argument date of appeal been set? If yes, enter date:
Has request for relief been made belbw? Has this relief been previously sought in this Court?
Yes -NO yes Nb
Requested return date and explanation of emergency:
Yes x No
Has service been effected? [Attach affidavit of service]
Before: Hon. Barrington D. Parker, Circuit Judge IT IS HEREBY ORDERED that the motion for limited remand of appeal is GRANTED. FOR THE COURT: THOMAS W. ASREEN, Acting Clerk
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