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U.S. v. MELENDEZ

No. 625, Docket 92-1199.

996 F.2d 605 (1993)

UNITED STATES of America, Appellee, v. Ricardo MELENDEZ, Geraldo Vega, Manuel Concepcion, Juan Rivera, Fernando Alvarez, Arturo Cordoza, Kenneth Colon, Javier Rivera, Victor Jiminez, Mariano Degracia, Robert Ortiz, Oscar Rosa, Victor Spaventa, Warren Nadel, Trent Daley, Felix Oyole, Adam Pomales, Israel Ortiz, Nelson Frias, Vincent Hernandez, Vincent Lopez, Roberto Aponte, Ricardo Alvarez, Eduardo Hamilton, Nelia Lopez, Edwin Maldonado, Julia Serrano, Julia Rivera, Anthony Guzman, Wilfredo Gonzalez, James Ruperto, Marc Ramirez, Ricardo Rodriguez, Edgar Rivera, Anibal Irizarri, Armando Velasquez, Ralph Boyce, Hector Hernandez, Ricardo Ortiz, Defendants, David Olmeda, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 23, 1993.

Attorney(s) appearing for the Case

David Olmeda, pro se.

Peter Norling, Asst. U.S. Atty., Brooklyn, NY (Andrew Maloney, U.S. Atty., E.D.N.Y., Edward A. Rial, Asst. U.S. Atty., Brooklyn, NY, of counsel), for appellee.

Before: KEARSE and WINTER, Circuit Judges, and CONNER, District Judge.

PER CURIAM:

David Olmeda, pro se, appeals from the denial of his motion to correct or reduce his sentence pursuant to Fed.R.Crim.P. 35. Because appellant may have been improperly sentenced to a term of supervised release, we vacate the sentence and remand for clarification and, if appropriate, resentencing.

From 1985 until October 1987, appellant was part of a large-scale drug conspiracy based in Brooklyn, New York. The parties have informed us that...

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