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U.S. v. MITCHELL

No. 08-CR-253 (ADS).

828 F.Supp.2d 576 (2011)

UNITED STATES of America. v. Chester MITCHELL, Defendant.

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

December 13, 2011.

Attorney(s) appearing for the Case

Loretta A. Lynch, United States Attorney for the Eastern District of New York, by: Carrie N. Capwell, Assistant United States Attorneys, Central Islip, NY, Attorney, for the United States.

LaRusso & Conway, by: Robert P. LaRusso, Esq., Of Counsel, Mineola, NY, for Defendant.

MEMORANDUM OF DECISION AND ORDER

ARTHUR D. SPATT, District Judge.

Presently before the Court is a motion by defendant Chester Mitchell ("Mitchell") for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). For the reasons that follow, the Court finds that an evidentiary hearing is required to determine Mitchell's eligibility for a sentence reduction.

I. BACKGROUND

On May 22, 2009, pursuant to a plea agreement with the Government...

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