This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Arthur D. Spatt granted an evidentiary hearing in response to defendant’s motion to reduce his sentence based on a recent amendment to the Sentencing Guidelines. Judge Eric N. Vitaliano upheld a financial penalty imposed on plaintiff for failing to respond to a government request that he provide information about his unlicensed trip to Cuba. Judge Joanna Seybert, dismissing a diversity action, found that limitations on attorney fees under applicable law prevented plaintiff from meeting the $75,000 “amount in controversy” requirement. And Judge Joseph F. Bianco held that a debtor’s filing of a Chapter 7 case did not stay an action against him and his company by the Secretary of Labor to enforce minimum wage and overtime regulations.
Sentence Reduction Issue
In United States v. Mitchell, 08 CR 253 (EDNY, Dec. 13, 2011), Judge Spatt found that an evidentiary hearing was required to determine defendant’s eligibility for a sentence reduction under 18 U.S.C. §3582(c)(2).
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