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U.S. v. ROQUE

Docket No. 03-1452L, 03-1490CON.

421 F.3d 118 (2005)

THE UNITED STATES of America, Appellee, v. Oscar ROQUE, also known as Gary Cuba, also known as Bigote, Alcibiades Fernandez, Milagros Fernandez and Eddie Capellan, Defendants, Jose Saldana and Aguiberto Delahoz, also known as Danny Montero, also known as Danny Nuñez, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 26, 2005.

Attorney(s) appearing for the Case

Cheryl J. Sturm, Chadds Ford, PA, for Defendant-Appellant Jose Saldana.

Robert A. Culp, New York, NY, for Defendant-Appellant Aguiberto Delahoz.

Joshua A. Goldberg, Assistant United States Attorney (Helen V. Cantwell, Assistant United States Attorney, of counsel; David N. Kelley, United States Attorney for the Southern District of New York, on the brief), New York, NY, for Appellee.

Before: STRAUB and WESLEY, Circuit Judges, SESSIONS, Chief Judge.

STRAUB, Circuit Judge.

Saldana and co-defendant Delahoz seek relief on various grounds. In a summary order filed concurrently with this opinion we reach all but one of those issues. Here, we address Saldana's request1 to withdraw his plea of guilty because entered into in the false belief that the United States Sentencing Guidelines were mandatory. In light of the Supreme Court's decision in Brady v. United States,

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