Docket No. 00-1801.

265 F.3d 144 (2001)

UNITED STATES of America, Appellee, v. Neema SHERPA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 7, 2001.

Attorney(s) appearing for the Case

Andrew G. Patel, New York, NY, for Defendant-Appellant.

Miriam H. Baer, Assistant United States Attorney (Baruch Weiss, Assistant United States Attorney, of counsel; Mary Jo White, United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.

Before CABRANES, STRAUB, and KATZMANN, Circuit Judges.


Defendant Neema Sherpa timely appeals from a judgment of conviction entered on December 13, 2000 by the United States District Court for the Southern District of New York (Michael B. Mukasey, Chief Judge). Sherpa contends that his sentence should be vacated and the case should be remanded to the District Court for resentencing, because the District Court imposed Sherpa's sentence based on the mistaken belief that it lacked the power under U.S.S...

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