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U.S. v. MELENDEZ

Nos. 530(L), 371, Dockets 93-1087(L), 93-1127.

90 F.3d 18 (1996)

UNITED STATES of America, Appellee, v. Dennis MELENDEZ; Edwin Ruiz; Domenic Bruno; Moises Serrano; Edward Ramos; Timothy Douglas; Angel Valentin, Rafael Brillon; Marlene Ebanks; and Hector Alejandro, Defendants, Steven Ramos, Raul Rodriguez, Johnny Davila, Leonard Mas, Luis Rosario, Antonio Sanchez, Edwin Mendoza, Hector Colon also known as Little Hec, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 26, 1995.

Opinion Amended July 10, 1995.

Vacated and Remanded February 20, 1996.

Submitted June 4, 1996.

Decided July 23, 1996.

Attorney(s) appearing for the Case

Leonard J. Levenson, New York City, submitted a letter brief, for Defendant-Appellant Hector Colon.

Andrew B. Lachow, Assistant United States Attorney for the S.D.N.Y., New York City (Mary Jo White, United States Attorney, Alexandra Rebay, Assistant United States Attorney for the S.D.N.Y., of counsel), submitted a letter brief, for Appellee United States.

Before VAN GRAAFEILAND, CARDAMONE and ALTIMARI, Circuit Judges.

PER CURIAM.

This case was before us earlier on appeal from a judgment entered by the United States District Court for the Southern District of New York (Ward, J.) convicting Hector Colon of, inter alia, violating 18 U.S.C. § 924(c)(1), which enhances by thirty years the prison term of any person who "during and in relation to any ... drug trafficking crime ... uses or carries a firearm" when that firearm is a machine...

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