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U.S. v. LOPEZ

Docket No. 02-1710.

349 F.3d 39 (2003)

UNITED STATES of America, Appellee, v. Uriela de Jesus Mesa LOPEZ, Manuel Sanchez, Defendants, Yvette Ortiz, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: November 4, 2003.

Attorney(s) appearing for the Case

Valerie Amsterdam, Amsterdam & Branden, New York, NY, for Appellant.

Gary Stein, Assistant United States Attorney for the Southern District of New York (James B. Comey, United States Attorney, Douglas R. Jensen, Celeste L. Koeleveld, Assistant United States Attorneys, of counsel), New York, NY, for Appellee.

Before: LEVAL and SACK, Circuit Judges, and KORMAN, District Judge.

PER CURIAM:

The defendant-appellant, Yvette Ortiz, appeals the sentence imposed upon her by the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge). Ortiz argues that the district court erred by considering her earlier sentence for an offense committed after the offense for which she was being sentenced as a "prior sentence" when calculating her criminal history score pursuant to section 4A1.1(a) of the United States...

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