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U.S. v. REYNOSO

No. 00-2230.

254 F.3d 467 (2001)

UNITED STATES of America, v. Wandy REYNOSO, Appellant.

United States Court of Appeals, Third Circuit.

Filed: June 15, 2001.

Attorney(s) appearing for the Case

Rocco C. Cipparone, Jr., Esquire (Argued) 203-205 Black Horse Pike Haddon, Heights, N.J. 08035, Counsel for Appellant.

Michael L. Levy, Esquire United States Attorney, Robert A. Zauzmer, Esquire Assistant United States Attorney Chief of Appeals, Alicia S. Resnicoff, Esquire (Argued), Assistant United States Attorney 615 Chestnut Street, Suite 1250 Philadelphia, PA 19106, Counsel for Appellee.

Before: BECKER, Chief Judge, McKEE, and STAPLETON, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This appeal by defendant Wandy Reynoso presents a question of sentencing procedure. Reynoso pled guilty to conspiracy to distribute cocaine and to possession of cocaine with intent to distribute. Without affording pre-hearing notice to either Reynoso or the Government, the District Court appears to have sentenced Reynoso based in part on information that it learned during an earlier criminal trial in which Reynoso...

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