DECISION AND ORDER
MARRERO, District Judge.
Defendant Juan Figuerate ("Figuerate") was sentenced by this Court to 240 months of incarceration upon his guilty plea to conspiracy to distribute more than one kilogram of heroin. On appeal of his sentence, the United States Court of Appeals for the Second Circuit affirmed the Court's judgment but withheld its mandate in the case pending the Supreme Court's decision in United States v. Booker,
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