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01-469 - USA v. Magee

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01-469 - USA v. Magee
February 6, 2008
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MOTION TO REDUCE SENTENCE RE CRACK COCAINE OFFENSE - 18:3582/MEMORANDUM OF DECISION AND ORDER as to HERBERT MAGEE - The Government is ordered to show cause in writing on or before March 7, 2008 why the Court should not sua sponte, pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10 (as amended effective March 3, 2008), re-sentence the Defendant on April 11, 2008 at 10 oclock in the forenoon. James C. Neville, Esq., is hereby appointed pursuant to the Criminal Justice Act to represent the Defendant in this matter. Any response to the Governments submission shall be filed on or before March 14, 2008. Any reply shall be filed on or before March 19, 2008. The parties are directed to appear in courtroom 1020 on April 11, 2008 at 10a.m. for the Defendants re-sentencing. The United States Department of Probation is directed to obtain all records regarding the Defendants behavior during his current term of incarceration and produce all such records to this Court on or before March 19, 2008. The Probation Department is further ordered to submit any amendments to the Defendants presentence report on or before March 19, 2008. (Ordered by Senior Judge Arthur D. Spatt on 2/6/08). (Coleman, Laurie) Modified on 2/28/2008 (Mahon, Cinthia).