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U.S. v. MORENO

No. 03-13662 Non-Argument Calendar.

364 F.3d 1232 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael MORENO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 30, 2004.

Attorney(s) appearing for the Case

Rafael Moreno, Jesup, GA, pro se.

Robert M. Brennan, Amy Lee Copeland, Savannah, GA, for Plaintiff-Appellee.

Before BLACK, BARKETT and HULL, Circuit Judges.

PER CURIAM:

Rafael Moreno, pro se, appeals the district court's denial of the government's motion for reduction of sentence brought pursuant to Federal Rule of Criminal Procedure 35(b)(2). After review, we vacate the district court's denial and remand this case for further proceedings.

I. BACKGROUND

The government has filed two Rule 35(b) motions in Moreno's case, but only the second Rule 35(b) motion is at issue in this appeal. We review the first...

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