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United States v. Rega

Citation: 208 F. App'x 27Docket: No. 05-2524-cr

Court: Court of Appeals for the Second Circuit; December 6, 2006; Federal Appellate Court

Narrative Opinion Summary

Defendant-Appellant Douglas Rega appeals pro se the district court's orders dated November 26, 2003, and August 9, 2004, which denied his motion for a corrected or reduced sentence under former Rule 35 of the Federal Rules of Criminal Procedure. The appellate court affirms the district court's decisions, noting that the district court's conclusions were within its broad discretion. All of Rega's arguments have been considered and found to lack merit, leading to the affirmation of the district court's decision.

Legal Issues Addressed

Appellate Review of District Court's Discretion

Application: The appellate court examined the district court's exercise of discretion and found no abuse, thus upholding the original decision.

Reasoning: The appellate court affirms the district court's decisions, noting that the district court's conclusions were within its broad discretion.

Denial of Motion for Corrected or Reduced Sentence under Rule 35

Application: The appellate court reviewed and affirmed the district court's denial of the motion for a corrected or reduced sentence, indicating that the district court acted within its discretion.

Reasoning: The appellate court affirms the district court's decisions, noting that the district court's conclusions were within its broad discretion.

Evaluation of Defendant's Arguments on Appeal

Application: The appellate court considered all arguments presented by the defendant and determined that they were without merit, supporting the affirmation of the district court's decision.

Reasoning: All of Rega's arguments have been considered and found to lack merit, leading to the affirmation of the district court's decision.