Docket No. 01-1653.

329 F.3d 119 (2003)

UNITED STATES of America, Appellant, v. Allen RIVERS, Jr., also known as Chachi, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 8, 2003.

Attorney(s) appearing for the Case

Barbara D. Cottrell, Assistant United States Attorney (Joseph A. Pavone, United States Attorney for the Northern District of New York, Barbara D. Cottrell, Assistant United States Attorney, on the brief), Albany, New York, for Appellant.

Thomas J. O'Hern, Gerstenzang, O'Hern, Hickey & Gerstenzang, Albany, New York, for Defendant-Appellee.

Before: OAKES, STRAUB, Circuit Judges, and TRAGER, District Judge.

TRAGER, District Judge.

The government appeals from a judgment and sentence of the United States District Court for the Northern District of New York (David N. Hurd, Judge). The government argues that the district court did not have the authority to adjust the statute-based mandatory minimum sentence imposed on the defendant, Allen Rivers, Jr., ("Rivers") to reflect the time he previously served in an undischarged state sentence. At issue is whether, or to...

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