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U.S. v. FAGANS

Docket No. 04-4845-CR.

406 F.3d 138 (2005)

UNITED STATES of America, Appellee, v. Andrew FAGANS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 27, 2005.

Attorney(s) appearing for the Case

John C. Mabie, Brattleboro, VT (Gale, Corum, Mabie & Cook, Brattleboro, VT, on the brief), for Defendant-Appellant.

Gary G. Shattuck, Asst. U.S. Atty., Rutland, VT (David V. Kirby, Acting U.S. Atty., Rutland, VT, on the brief), for Appellee.

Before: NEWMAN, CABRANES, and POOLER, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This sentencing appeal concerns issues arising in the aftermath of the Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and this Court's opinion in United States v. Crosby, 397 F.3d 103 (2d Cir.2005). The issues are (1) whether to remand for resentencing, rather than for consideration of whether to resentence, where an objection to...

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