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U.S. v. CUELLO

Docket No. 03-1321.

357 F.3d 162 (2004)

UNITED STATES of America, Appellee, v. Mateo CUELLO, a/k/a "Matthew Cuello," Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 3, 2004.

Attorney(s) appearing for the Case

Darrell B. Fields, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Defendant-Appellant Mateo Cuello.

E. Danya Perry, Assistant United States Attorney (James B. Comey, United States Attorney, on the brief, and Gary Stein, Assistant United States Attorney, of counsel), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee United States of America.

Before: OAKES and JOSÉ A. CABRANES, Circuit Judges, and AMON, District Judge.

JOSÉ A. CABRANES, Circuit Judge.

Defendant Mateo Cuello appeals a May 19, 2003 judgment of conviction entered by the United States District Court for the Southern District of New York (Harold Baer, Jr., Judge), which sentenced him principally to a 46-month term of imprisonment. Defendant argues that the District Court improperly counted a prior New York state "youthful offender adjudication" as a prior felony...

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