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U.S. v. MUNIZ

No. 1163, Docket 94-1470.

184 F.3d 114 (1995)

UNITED STATES of America, Appellee, v. Jose MUNIZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 29, 1995.

Amended: December 6, 1995.

On Reconsideration: February 11, 1997.

Attorney(s) appearing for the Case

Colleen P. Cassidy, New York, NY (The Legal Aid Society, Federal Defender Division Appeals Bureau, on the Brief), for Defendant-Appellant.

John M. McEnany, Assistant United States Attorney, New York, NY (Mary Jo White, United States Attorney for the Southern District of New York, New York, NY, on the Brief; Alexandra Rebay, Assistant United States Attorney, New York, NY, of Counsel), for Appellee.

Before: LUMBARD, KEARSE, and LEVAL, Circuit Judges.

Judge LUMBARD dissents in a separate opinion.

LEVAL, Circuit Judge:

Jose Muniz was convicted on his plea of guilty to Count I of the indictment, a gun possession charge, and upon a jury's verdict after trial on Count II, a narcotics charge. He was sentenced to 192 months imprisonment and five years supervised release on each of the two counts concurrently, plus a special assessment of $50 for each count. His appeal was argued on March 23, 1995. Muniz contended...

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