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U.S. v. YEMITAN

No. 600, Dockets 95-1352(L), 95-1402 and 95-1432.

70 F.3d 746 (1995)

UNITED STATES of America, Appellee, v. Olanekan YEMITAN, also known as Jimmy, also known as Zimmy, Adrian Hamilton and Carlton Legall, Defendants-Appellants, Jewell Sigmone; Leroy Pantophlet; Derrick Berkeley; Fonte Sample; and Jerry Rodriguez, also known as Jose Behal, Defendants.

United States Court of Appeals, Second Circuit.

Decided November 30, 1995.

Attorney(s) appearing for the Case

David Wikstrom, New York City; John J. Molloy, West Seneca, NY; John Humann, Buffalo, NY (Federal Public Defender, Buffalo, NY), for Defendants-Appellants.

Thomas S. Duszkiewicz, Buffalo, NY (U.S. Attorney's Office, Western District of New York, Buffalo, New York), for Appellee.

Before: NEWMAN, Chief Judge, JACOBS and PARKER, Circuit Judges.

JACOBS, Circuit Judge:

The defendant has executed a plea agreement in which he and the government undertook to take no appeal from a sentence that falls within a range of 120 to 135 months imprisonment. The sentence imposed was 135 months, and defendant filed an appeal on the ground that the district court failed in its duty under 18 U.S.C. § 3553(c)(1) to adduce reasons for imposing that specific sentence, thereby rendering the sentence illegal and the plea...

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