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RODRIGUEZ v. U.S.

No. 132, Docket 91-2105.

951 F.2d 26 (1991)

Gounod RODRIGUEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 5, 1991.

Attorney(s) appearing for the Case

Gounod Rodriguez, pro se.

George Edelstein, New York City, for petitioner-appellant.*

Patrick J. Fitzgerald, Asst. U.S. Atty., S.D.N.Y. (Otto Obermaier, U.S. Atty., S.D.N.Y., John W. Auchincloss II, Asst. U.S. Atty., New York City, of counsel), for respondent-appellee.

Before MESKILL, WINTER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

Gounod Rodriguez appeals from Judge Leisure's denial of his motion to vacate the supervised release portion of his sentence. Count I of Rodriguez's indictment charged him with conspiring to distribute cocaine in violation of 21 U.S.C. § 846 (1988). Count II charged him with possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(B) (1988) and 18 U.S.C. § 2 (1988). Rodriguez pleaded...

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