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U.S. v. VENTURA-CANDELARIO

No. 92 CR. 583 (MGC).

981 F.Supp. 868 (1997)

UNITED STATES of America, v. Manuel VENTURA-CANDELARIO, Defendant.

United States District Court, S.D. New York.

November 18, 1997.

Attorney(s) appearing for the Case

Mary Jo White, U.S. Attorney for the Southern District of New York by Jean Walsh, Asst. U.S. Atty., New York, NY, for United States of America.

Daniel L. Greenberg, The Legal Aid Society, by Steven M. Statsinger, New York, NY, for Defendant.

OPINION

CEDARBAUM, District Judge.

Defendant moves pursuant to Fed. R.Crim.P. 35(c) for correction of his sentence. Defendant contends that an amendment to the statute under which he was convicted reduces the maximum permissible sentence to two years' imprisonment. For the reasons that follow, defendant's motion is denied.

Defendant was convicted of violating 8 U.S.C. § 1326(a) and (b)(2). This statute prescribes criminal penalties for...

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