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United States v. Stewart

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 3, 2009

UNITED STATES OF AMERICA,
v.
TARELL STEWART, DEFENDANT.

The opinion of the court was delivered by: William H. Yohn Jr., Judge

Order

AND NOW, this 3rd day of June 2009, upon consideration of defendant's motions for sentence reduction (Doc. No. 45 of Case No. 02-736 and Doc. No. 18 of Case No. 03-442), defendant's supplemental memorandum of law, and the government's response, IT IS HEREBY ORDERED that the motions are GRANTED.

IT IS FURTHER ORDERED THAT defendant's motions to reduce sentence pursuant to 18 U.S.C. § 3582(c)(2) (Doc. No. 48 of Case No. 02-736 and Doc. No. 21 of Case No. 03-442) are GRANTED.

Oral argument on whether United States v. Booker, 543 U.S. 220 (2005), applies to this modification of sentence and an evidentiary hearing for evidence and modification of defendant's sentence under § 3582(c)(2) is scheduled for July 23, 2009 at 1:30 pm.

Defendant is entitled to attend. However, defense counsel has suggested that defendant may not wish to attend. Therefore, IT IS FURTHER ORDERED THAT defense counsel shall advise the court within 10 days as to whether defendant wishes to attend.

20090603

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