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U.S. v. TOSH

No. CR. A. 3:82CR-57-H.

141 F.Supp.2d 738 (2001)

UNITED STATES of America, plaintiff, v. Jerry Glenn TOSH, defendant.

United States District Court, W.D. Kentucky, at Louisville.

April 17, 2001.

Attorney(s) appearing for the Case

Alexander T. Taft, Jr., AUSA, Louisville, KY, for Plaintiff.

Scott C. Cox, Louisville, KY, for Defendant.

MEMORANDUM OPINION

HEYBURN, District Judge.

Defendant Jerry Glenn Tosh ("Tosh") moves the Court to correct his 1985 sentence pursuant to Federal Rule of Criminal Procedure 35(a); United States v. Dale, 178 F.3d 429 (6th Cir.1999) and the Supreme Court's recent decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Defendant argues that under...

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