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U.S. v. POLANCO

No. 1166, Docket 94-1556.

47 F.3d 516 (1995)

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

United States Court of Appeals, Second Circuit.

Decided February 8, 1995.

Attorney(s) appearing for the Case

Kenneth M. Karas, Asst. U.S. Atty. for the S.D. of N.Y., New York City (Mary Jo White, U.S. Atty. for the S.D. of N.Y., Paul G. Gardephe, Asst. U.S. Atty. for the S.D. of N.Y., of counsel) for appellant.

Martin Flumenbaum, New York City, for appellee.

Before: MAHONEY, McLAUGHLIN and HEANEY, Circuit Judges.

HEANEY, Senior Circuit Judge:

The United States appeals, for the second time, the sentence imposed by the district court on Jose Alberto Polanco for illegally reentering the United States after having been deported as a convicted felon. We again vacate Polanco's sentence and remand for resentencing.

Polanco pleaded guilty to being a deported felon who illegally re-entered the United States in violation of 8 U.S.C. § 1326(a) and (b)(2). The applicable...

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