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U.S. v. RODRIGUEZ

No. 96-2150.

112 F.3d 26 (1997)

UNITED STATES of America, Appellee, v. Isidro RODRIGUEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 30, 1997.

Attorney(s) appearing for the Case

Bjorn Lange, Federal Defender Office, for appellant.

Jean B. Weld, Assistant United States Attorney, with whom Paul M. Gagnon, United States Attorney, and Peter E. Papps, Assistant United States Attorney, were on brief, for appellee.

Before BOUDIN, Circuit Judge, ALDRICH, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

This case raises an issue of significance in the administration of criminal justice, one of first impression for this court. It concerns the power of a district court to resentence on the counts of conviction remaining after the sentence on another count has been vacated on a petition under 28 U.S.C. § 2255.

Isidro Rodriguez was originally convicted in 1993 on four cocaine trafficking counts, see 21 U.S.C. § 841(a), for...

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