United States v. Savely

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the government’s motion to reconsider the order *669filed February 2, 1993, and published at 814 F.Supp. 1519 (D.Kan.1993). By that order, the court retroactively applied the decisions of Hughey v. U.S., 495 U.S. 411, 110 S.Ct. 1979, 109 L.Ed.2d 408 (1990), and U.S. v. Cook, 952 F.2d 1262 (10th Cir.1991), and vacated only that portion of the defendant’s sentence relating to restitution and ordered him to appear before the court with appointed counsel for resentencing as to the amount of restitution. Because its original…