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U.S. v. RICO

No. 573, Docket 89-1394.

902 F.2d 1065 (1990)

UNITED STATES of America, Appellee, v. RICO, et al., Defendants. Appeal of Elizabeth BARON, a/k/a "Yolanda Mercado", Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 1, 1990.

Attorney(s) appearing for the Case

Richard Ware Levitt, New York City, for defendant-appellant.

Jerome C. Roth, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty. E.D. New York, Matthew Fishbein and David C. James, Asst. U.S. Attys., Brooklyn, N.Y., of counsel), for appellee.

Before VAN GRAAFEILAND, MINER, and WALKER, Circuit Judges.

MINER, Circuit Judge:

Defendant-appellant Elizabeth Baron appeals from a judgment entered in the United States District Court for the Eastern District of New York (Korman, J.) imposing a corrected sentence of imprisonment for three years, in place of the original sentence of imprisonment for ten months, to conform to the terms of a plea agreement. Baron contends that, having imposed the initial sentence and released her from custody, the district court was powerless...

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