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U.S. v. DUVERGE PEREZ

Docket No. 00-1268.

295 F.3d 249 (2002)

UNITED STATES of America, Appellee, v. Rafael DUVERGE PEREZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Remanded: December 8, 2000.

Appeal reinstated: October 10, 2001.

Last supplemental brief filed: March 27, 2002.

Decided: July 9, 2002.

Attorney(s) appearing for the Case

Edward S. Zas, The Legal Aid Society, Federal Defender Division Appeals Bureau, New York, NY, for Defendant-Appellant Rafael Duverge Perez.

Marcus A. Asner, Assistant United States Attorney, New York, N.Y. (James B. Comey, United States Attorney for the Southern District of New York; Baruch Weiss, Mark D. Harris, Assistant United States Attorneys, New York, NY, on the brief), for Appellee.

Before FEINBERG, MINER, KATZMANN, Circuit Judges.

FEINBERG, Circuit Judge.

Rafael Duverge Perez (hereafter Duverge) appeals from a judgment of conviction and sentence of 10 years imprisonment entered in the United States District Court for the Southern District of New York (Preska, J.), following his plea of guilty to a narcotics offense, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 18 U.S.C. § 2. Judgment was originally imposed by Judge Preska in April 2000, and Duverge appealed to this...

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