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BERRIOS v. U.S.

No. 46, Docket 96-2440.

126 F.3d 430 (1997)

Nahum BERRIOS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 17, 1997.

Attorney(s) appearing for the Case

Devin McLaughlin, Langrock Sperry and Wool, Middlebury, VT (Peter F. Langrock, of counsel), for Petitioner-Appellant.

Emily Berger, Assistant United States Attorney for the Eastern District of New York, Brooklyn, NY (Zachary W. Carter, United States Attorney for the Eastern District of New York, Eric Friedberg, Assistant United States Attorney, of counsel), for Respondent-Appellee.

Before: WINTER, Chief Judge, FEINBERG, Circuit Judge, and BAER, District Judge.

WINTER, Chief Judge:

Nahum Berrios appeals from his resentencing by Judge Dearie. On March 6, 1991, Berrios originally pleaded guilty to a charge of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 846. In April, he was sentenced to 210 months in prison. Thereafter, the United States Sentencing Guidelines ("Sentencing Guidelines") were amended in a way that permitted Berrios to seek a reduction of his sentence pursuant to Sentencing...

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