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U.S. v. LEIVA-DERAS

Docket No. 02-1628.

359 F.3d 183 (2004)

UNITED STATES of America, Appellant, v. Jose Armando LEIVA-DERAS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 17, 2004.

Attorney(s) appearing for the Case

Shawn J. Chen, Assistant United States Attorney, New Haven, Connecticut (Kevin J. O'Connor, United States Attorney, District of Connecticut, New Haven, Connecticut, of counsel), for Appellant.

Roger H. Sigal, Assistant Federal Public Defender, New Haven, Connecticut (Thomas G. Dennis, Federal Public Defender, New Haven, Connecticut, of counsel), for Defendant-Appellee.

Before: NEWMAN, CARDAMONE, and SOTOMAYOR, Circuit Judges.

CARDAMONE, Circuit Judge.

This appeal by the United States (United States or government) requires us to review a sentence imposed on defendant Jose Armando Leiva-Deras in the United States District Court for the District of Connecticut (Dorsey, J.) in a judgment entered September 13, 2002, following defendant's conviction for illegal reentry into the United States after being deported. We think, as the government contends, that the district court erred as a matter...

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