Opinion
No. CR-02-0976-PHX-SMM.
August 28, 2006
ORDER
On July 21, 2006, the Ninth Circuit Court of Appeals vacated Defendant Jeffrey H. Feingold's 144-month sentence, and remanded for "resentencing under United States v. Beng-Salazar," 452 F.3d 1088, 1092-93 (9th Cir. July 6, 2006) (holding that "a defendant who raised an objection in district court based on the Sixth Amendment holdings of the Apprendi line of cases preserved his claim that he is entitled to resentencing under the advisory Guidelines regime). (Dkt. 238). On August 22, 2006, the mandate was entered in this Court.
Accordingly,
IT IS HEREBY ORDERED that Defendant shall be resentenced on Monday, October 23, 2006 at 3:30 p.m. in Courtroom No. 605.
IT IS FURTHER ORDERED that, no later than September 15, 2006, counsel for Defendant shall advise the Court whether (i) Defendant waives his presence at resentencing and would like to appear instead by video conference or telephonically; or (ii) Defendant elects to be present at resentencing. If Defendant elects to waive presence, counsel for Defendant shall file and serve an appropriate form of waiver on this same date.
IT IS FURTHER ORDERED that, no later than Friday, October 6, 2006, counsel for both parties shall submit briefs addressing the process the Court should follow in resentencing Defendant under the now-advisory Guidelines and in accordance with United States v. Booker, 543 U.S. 220 (2005).
IT IS FURTHER ORDERED that, no later than September 15, 2006, the United States Probation Office shall forward copies of the complete Presentence Report submitted in preparation for Defendant's original sentencing to (i) the Court; (ii) counsel for the Defendant; and (iii) counsel for the Government.
IT IS FURTHER ORDERED that a copy of this Order shall be provided to Linda Coyle, United States Probation Office.
IT IS FURTHER ORDERED that the Clerk shall electronically send Defendant's appellate counsel, Michele R. Moretti, Law Office of Michele R. Moretti, 7671 SW 117th Place, Lake Butler, Florida, 32054, email: michele501@earthlink.net, a copy of this Order, as the motion to withdraw filed by Defendant's trial counsel, Thomas Hoidal, was granted by the Ninth Circuit Court of Appeals on April 6, 2005. (Dkt. 232.)