U.S. v. MORGAN

Docket No. 03-1316.

406 F.3d 135 (2005)

UNITED STATES of America, Appellee, v. Gordon MORGAN, Defendant-Appellant,

United States Court of Appeals, Second Circuit.

Decided: April 27, 2005.


Attorney(s) appearing for the Case

Bruce R. Bryan, Syracuse, NY, for Defendant-Appellant.

Carolyn Pokorny, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney, and Susan Corkery, Assistant United States Attorney, Eastern District of New York, on the brief) for Appellee.

Before: STRAUB, POOLER and B.D. PARKER, Circuit Judges.


ON RECONSIDERATION

B.D. PARKER, JR., Circuit Judge.

Following oral argument, but before our decision, Morgan requested that this Court vacate his sentence in light of the Supreme Court's anticipated decision in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We held the mandate in this case pending the Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) ("Booker...

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