DECISION AND ORDER
LARIMER, District Judge.
Defendant Jose A. DeLaCruz was convicted after a jury trial of several counts and on January 12, 2005, I sentenced him principally to a term of imprisonment of 432 months. DeLaCruz appealed the judgment and the Second Circuit remanded the case to the district court to determine whether to resentence DeLaCruz in light of United States v. Booker,
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