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U.S. v. PEREZ

Docket No. 02-1105.

328 F.3d 96 (2003)

UNITED STATES of America, Appellee, v. Julio C. PEREZ, Jamie Ortiz, Jose Lopez, Jose Alejandro, Jose Richards, Luis Antonio Huertas, Elvin Burgos, Johnny Hernandez, Juan Sosa, Fernando Sanchez, Antonio Lopez, Pedro Cruz, Carmen Quinones, Damien Hurlburt, Patrick Rosenweig, Mario Larrondo, Angel Garcia, a.k.a. "Erick," Defendants, Luis Diaz, a.k.a. "Wiche," a.k.a. "Cheche," Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 25, 2003.

Attorney(s) appearing for the Case

Everardo A. Rodriguez, Assistant United States Attorney, for Michael A. Battle, United States Attorney for the Western District of New York, Rochester, NY, for Appellee.

Donald M. Thompson, Rochester, NY, for Defendant-Appellant.

Before: CALABRESI, F.I. PARKER, SACK, Circuit Judges.

PER CURIAM.

This sentencing appeal presents two questions that remain undecided in the Second Circuit, but which are subject to no current dispute among the other circuits. (1) Is U.S.S.G. § 5G1.3(a) (which mandates that certain sentences run consecutively) in conflict with, and hence trumped by, 18 U.S.C. § 3584 (which directs the sentencing court to weigh various factors in deciding whether to impose a concurrent or consecutive sentence)? (2) To what degree...

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