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UNITED STATES v. AVALOS

Civ. A. No. 92-Z-2519, Crim. A. No. 90-CR-323-04.

817 F.Supp. 894 (1993)

UNITED STATES of America, Plaintiff, v. Rudolfo Hernandez AVALOS, a/k/a Rudy Hernandez, Defendant.

United States District Court, D. Colorado.

March 31, 1993.

Attorney(s) appearing for the Case

David M. Gaouette, Asst. U.S. Atty., Denver, CO, for plaintiff.

Rudolfo Hernandez Avalos, pro se.

ORDER

WEINSHIENK, District Judge.

The matter before the Court is defendant's Motion For Resentencing Pursuant To 28 U.S.C. § 2255. On May 13, 1991, after a plea of guilty, defendant was sentenced under the United States Sentencing Guidelines (U.S.S.G.), receiving a two-level downward adjustment for acceptance of responsibility. Defendant now accurately notes that the Sentencing Commission rewrote the guideline for acceptance of responsibility. Effective...

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