Baroody v. USA

Baroody v. USA

Petitioner:	Mark Baroody
Respondent:	USA
Case Number:	1:2009cv01501
Filed:	February 19, 2009
Court:	US District Court for the Southern District of New York
Office:	Prisoner: Vacate Sentence Office
County:	Bronx
Presiding Judge:	Robert P. Patterson
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:2255 Motion to Vacate / Correct Illegal Sentenc

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Date Filed	Document Text
March 1, 2010	Filing 5 OPINION AND ORDER: #98609 Mark Baroody was convicted of conspiracy to distribute narcotics and distribution of a controlled substance at trial in February 2005. The Court sentenced Mr. Baroody to sixty-three months imprisonment for each count, with e ach term running concurrently. In addition, Mr. Baroody was sentenced to four years of supervised release. Mr. Baroody appealed his conviction to the Second Circuit Court of Appeals, where he argued that the evidence was insufficient to sustain a con viction on either count, that he was denied his Sixth Amendment right to effective counsel, and that the District Court had erred in determining that he was ineligible for the safety valve provision of 18 U.S.C. § 3553(f). The Court of Appeals a ffirmed the conviction and affirmed the District Courts safety valve determination. Mr. Baroody petitioned the Supreme Court for certiorari, which was denied in February 2008... There is no contention in the instant case that the Court should have de parted from the sentencing guidelines because of an unjust disparity in the relevant portions of the guidelines. At sentencing, the Court used the sentencing guidelines as a starting point, and then looked at the 18 U.S.C. § 3553(a) factors, bef ore determining "that the guideline sentence is the appropriate sentence." Sent. Tr., 11. This was appropriate under Booker and its progeny, and the Court declines to modify its original sentence. IT IS SO ORDERED. (Signed by Judge Robert P. Patterson on 2/26/2010) [* Also docketed in related Criminal Case 04-cr-649(RPP), see doc.#139 *](bw) Modified on 3/3/2010 (ajc).

Date Filed

Document Text

March 1, 2010

Filing 5 OPINION AND ORDER: #98609 Mark Baroody was convicted of conspiracy to distribute narcotics and distribution of a controlled substance at trial in February 2005. The Court sentenced Mr. Baroody to sixty-three months imprisonment for each count, with e ach term running concurrently. In addition, Mr. Baroody was sentenced to four years of supervised release. Mr. Baroody appealed his conviction to the Second Circuit Court of Appeals, where he argued that the evidence was insufficient to sustain a con viction on either count, that he was denied his Sixth Amendment right to effective counsel, and that the District Court had erred in determining that he was ineligible for the safety valve provision of 18 U.S.C. § 3553(f). The Court of Appeals a ffirmed the conviction and affirmed the District Courts safety valve determination. Mr. Baroody petitioned the Supreme Court for certiorari, which was denied in February 2008... There is no contention in the instant case that the Court should have de parted from the sentencing guidelines because of an unjust disparity in the relevant portions of the guidelines. At sentencing, the Court used the sentencing guidelines as a starting point, and then looked at the 18 U.S.C. § 3553(a) factors, bef ore determining "that the guideline sentence is the appropriate sentence." Sent. Tr., 11. This was appropriate under Booker and its progeny, and the Court declines to modify its original sentence. IT IS SO ORDERED. (Signed by Judge Robert P. Patterson on 2/26/2010) [*** Also docketed in related Criminal Case 04-cr-649(RPP), see doc.#139 ***](bw) Modified on 3/3/2010 (ajc).

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