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BOTTONE v. U.S.

Docket No. 94-1516(L).

350 F.3d 59 (2003)

Alfred v. BOTTONE, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Last brief filed: August 12, 2003.

Decided: November 20, 2003.

Attorney(s) appearing for the Case

George W. Galgano, Jr., Galgano & Sullivan, White Plains, NY, for Petitioner-Appellant.

Jessica A. Roth, Assistant United States Attorney for the Southern District of New York (James B. Comey, United States Attorney, Southern District of New York), for Respondent-Appellee.

Before: FEINBERG, McLAUGHLIN, and SACK, Circuit Judges.

FEINBERG, Circuit Judge.

Alfred V. Bottone, Jr. moves this court to recall its mandate issued over six years ago, affirming by summary order Bottone's conviction and sentence for violating the narcotics laws. United States v. Rosario, No. 94-1516(L), 1996 WL 868385 (2d Cir. Apr. 14, 1997).1 He argues that recall is appropriate because the later rulings in Apprendi v. New Jersey, 530 U.S. 466

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