Commonwealth v. Cinelli

This matter comes before the court on the defendant’s motion under Mass.R.Crim.R 30(a) to correct the sentence which he is now serving. The defendant, who is presently incarcerated at the Massachusetts Correctional Institution at Concord, argues that he is being unlawfully held on a sentence which he has already fully served, and that justice and fairness require his immediate release. Both the Commonwealth and the Department of Correction oppose the motion. After a careful review of the record and an evidentiary hearing, the defendant’s motion is DENIED.

BACKGROUND

Factual Background

On…