U.S. v. PENARANDA

Docket Nos. 03-1055(L), 03-1062(L).

375 F.3d 238 (2004)

UNITED STATES of America, Appellee, v. Hector PENARANDA, also known as "El Viejo," Defendant-Appellant. United States of America, Appellee, v. Luis Rojas, also known as El Gordo, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

July 12, 2004.


Attorney(s) appearing for the Case

Monica R. Jacobson, Alvy & Jacobson, New York, NY, for Defendant-Appellant Hector Penaranda.

Edward D. Wilford, New York, NY, for Defendant-Appellant Luis Rojas.

Helen Cantwell and Joshua A. Levine, Assistant United States Attorneys for the Southern District of New York, New York, NY, for Appellee the United States of America.

Before: WALKER, Chief Judge, JACOBS, CALABRESI, CABRANES, STRAUB, POOLER, SACK, SOTOMAYOR, KATZMANN, PARKER, RAGGI, WESLEY, and HALL, Circuit Judges.


CERTIFICATE OF QUESTIONS TO THE SUPREME COURT OF THE UNITED STATES

JOHN M. WALKER, JR., Chief Judge:

We ordered the pending appeals to be heard in banc, limited to the issue of the validity of the defendants' sentences in light of the Supreme Court's recent decision in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).1 We have done so because the active...

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