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PIERVINANZI v. U.S.

Nos. 00 CIV 1894 PKL, 89 CR 229 PKL.

151 F.Supp.2d 266 (2001)

Michael PIERVINANZI, Petitioner, v. UNITED STATES of America, Respondent.

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

March 28, 2001.

Attorney(s) appearing for the Case

James A. Mitchell, Stillman & Friedman, P.C., New York City, for petitioner.

Mary Jo White, Daniel A. Braun, United States Attorney, Southern District of New York, New York City, for respondent.

OPINION AND ORDER

LEISURE, District Judge.

Petitioner Michael Piervinanzi moves for a reduction in his sentence pursuant to 28 U.S.C. § 2255. Piervinanzi argues that a change in the law entitles him to a downward departure from the United States Sentencing Guidelines' range which applied to his offenses. For the following reasons, Piervinanzi's petition is denied.

BACKGROUND

The Second Circuit has previously discussed...

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