Opinion
No. 02 Civ. 5807 (LAK), (99 Cr. 1206 (LAK))
September 26, 2002
ORDER
Movant was convicted in this Court of illegal reentry into the United States following deportation and sentenced in principal part to 87 months' imprisonment to be followed by three years on supervised release. He now moves, pursuant to 28 U.S.C. § 2255, for resentencing, claiming that a subsequent amendment to the Sentencing Guides requires reduction of his sentence.
For the reasons set forth in the government's letter brief in opposition, dated September 16, 2002, the motion is denied in all respects. As the motion presents no non-frivolous issue, a certificate of appealability is denied and the Court certifies that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 1915.
SO ORDERED.