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RODRIGUEZ v. U.S.

No. 1447, Docket 96-2763.

116 F.3d 1002 (1997)

Jose Manuel RODRIGUEZ, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Craig A. Stewart, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney for the Southern District of New York, of Counsel), for Respondent-Appellant.

Edward S. Zas, New York City, The Legal Aid Society, Federal Defender Division, Appeals Bureau, for Petitioner-Appellee.

Before: FEINBERG, CARDAMONE and LEVAL, Circuit Judges.

FEINBERG, Circuit Judge:

The government appeals from an order of the United States District Court for the Southern District of New York, Shirley Wohl Kram, J., denying the government's motion to resentence defendant Jose Manuel Rodriguez on an underlying, unchallenged drug trafficking conviction after the court, in the same order, had granted Rodriguez's collateral challenge to his related firearm conviction pursuant to Bailey v. United States, ___ U.S. ___...

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