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U.S. v. GORDILS

Nos. 1585,1586, Dockets 96-1691, 96-1701.

117 F.3d 99 (1997)

UNITED STATES of America, Appellee, v. Jose Ramon GORDILS and Nicholas Mpounas, Defendants-Appellants, Gregory Melendez and Francisco Bastar, Defendants.

United States Court of Appeals, Second Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Edward S. Zas, New York City, The Legal Aid Society, Federal Defender Division, Appeals Bureau for Defendant-Appellant Gordils; Charles T. Theofan, Mineola, NY, for defendant-appellant Mpounas.

Craig A. Stewart, New York City, 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 appellee United States of America.

Before: FEINBERG, CARDAMONE and LEVAL, Circuit Judges.

FEINBERG, Circuit Judge:

This appeal raises an important issue in administering the criminal law: whether a district court has jurisdiction to resentence a defendant on an underlying, unchallenged drug trafficking conviction where, pursuant to Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), the defendant has successfully challenged a related firearm conviction in a 28 U.S.C. § 2255 petition. Defendants Jose Ramon Gordils and...

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