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U.S. v. TAVAREZ

No. 96 CR 895.

151 F.Supp.2d 274 (2001)

UNITED STATES of America, v. Johnny TAVAREZ, Defendant.

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

March 28, 2001.

Attorney(s) appearing for the Case

Michael A. Rogoff, U.S. Attorney's Office, Mary jo White, U.S. Atty., New York City, for plaintiff.

Charles Lavine, Grossman, Lavine & Rinaldo, Forest Hills, NY, David Touger, Peluso & Touger, New York City, Jeffrey Mark Cohen, New York City, Ivan S. Fisher, New York City, Oliver S. Storch, New York City, Joann DiMarco, Law Office of Joann DiMarco, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Defendant Johnny Tavarez ("Tavarez") moves to (1) reconvene the hearing on his motion to withdraw his guilty plea; (2) have a new Pre-Sentencing Report prepared; (3) recalculate his Sentencing Guidelines; and (4) asserts an ineffective assistance of counsel claim. For the reasons set forth below, Tavarez's motion is denied.

BACKGROUND

On September 26, 1996, a federal grand...

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