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U.S. v. TRAN

Nos. 99-1278(L), 99-1389.

234 F.3d 798 (2000)

UNITED STATES of America, Appellee, v. Hoang Van TRAN, and Vicheth Som, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 15, 2000.

Attorney(s) appearing for the Case

Colleen Cassidy, The Legal Aid Society Federal Defender Division, Appeals Bureau, New York, NY, for Appellant Hoang Van Tran.

J. Scott Porter, Esq., Syracuse, NY, for Appellant Vicheth Som.

Elizabeth S. Riker, Assistant United States Attorney for the Northern District of New York (Daniel J. French, United States Attorney for the Northern District of New York, John G. Duncan, Assistant United States Attorney, on the brief), Syracuse, NY, for Appellee.

Before: VAN GRAAFEILAND, and PARKER, Circuit Judges, and UNDERHILL, District Judge.

PARKER, Circuit Judge:

Vicheth Som and Hoang Van Tran appeal from the judgments of conviction and sentences of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Judge) entered December 23, 1998, and February 8, 1999, after their respective pleas of guilty. Som initially argued that the district court: (1) failed properly to apply U.S.S.G. § 2K2.4 Application Note 2 (1998) ("Application Note 2") when it enhanced...

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