United States v. Toro (335 F. Supp. 2d 267, 2004)

ORDER CORRECTING SENTENCE

DORSEY, District Judge.

Pursuant to the mandate from the Second Circuit [Doc. No. 43], Defendant was resentenced on June 29, 2004. Defendant has filed a Fed. R.Ceim. P. 35(a) motion to correct sentence. In light of the recent United States Supreme Court decision Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the sentence rendered on June 29, 2004 is hereby ORDERED corrected as follows: Defendant shall serve a term of six months, with all other terms of the June 29 sentence to stand.

A more detailed memorandum shall follow.

SO ORDERED.