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U.S. v. MOLENA

No. 89 Cr. 0888 (RWS).

788 F.Supp. 158 (1992)

UNITED STATES of America v. Hector MOLENA, Defendant.

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

April 1, 1992.

Attorney(s) appearing for the Case

Otto G. Obermaier, U.S. Atty. S.D.N.Y., New York City (Roland G. Riopelle, Asst. U.S. Atty., of counsel), for U.S.

Leonard F. Joy, The Legal Aid Soc., Federal Defender Services Unit, New York City (Paul Davison, of counsel), for defendant.

SWEET, District Judge.

Hector Molena ("Molena") has moved pursuant to 28 U.S.C. § 2255 for an order vacating the sentence imposed on him on April 5, 1990, and resentencing him to a reduced term. The Government has submitted a response. For the reasons set forth below, Molena's motion is granted.

Background

Molena was sentenced to twenty-seven months of imprisonment under the United States...

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