Docket 96-1023.

140 F.3d 457 (1998)

UNITED STATES of America, Appellee, v. Frank DESIMONE, Sr.; Thomas Gagliardi, aka "Tommy"; Louis Esa, aka "A.J. Duhe," aka "John McQuire," aka "Louis"; Felix Nunez; Earl Reynolds, aka "Robert Reynolds," aka "Bob," aka "Boo-Boo"; Carl Rogasta, aka "Carmen Vignola," aka "Carlo"; Robert Santora, aka "Robert Amato"; Richard Sinde, aka "Richie," Defendants, Pablo Fernandez, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 13, 1998.

Attorney(s) appearing for the Case

Jeremy G. Epstein, Shearman & Sterling, New York City (Harmeet K. Dhillon, of counsel), for Defendant-Appellant.

Allen D. Applbaum, Assistant United States Attorney, Southern District of New York, New York City (Mary Jo White, United States Attorney for the Southern District of New York, Craig A. Stewart, Assistant United States Attorney, of counsel), for Appellee.

Before: WINTER, Chief Judge, CARDAMONE, Circuit Judge, and RESTANI, Judge.

WINTER, Chief Judge:

This is a petition for rehearing. Familiarity with our decision is assumed. United States v. Desimone, 119 F.3d 217 (2d Cir. 1997). In that decision, a two-judge panel affirmed Fernandez's sentence of 121 months imprisonment following his conviction for conspiracy to distribute and possess with intent to distribute cocaine. The original panel consisted of Judges Cardamone and Mahoney of this court, and...

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