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U.S. v. RAMIREZ

Docket No. 04-3147-CR.

421 F.3d 159 (2005)

UNITED STATES of America, Appellee, v. Raul RAMIREZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 26, 2005.

Attorney(s) appearing for the Case

Timothy W. Hoover (MaryBeth Covert, on the brief), Federal Public Defender's Office, Western District of New York, Buffalo, New York for Defendant-Appellant.

Stephan J. Baczynski, Assistant United States Attorney (Michael A. Battle, United States Attorney for the Western District of New York, on the brief), Buffalo, New York, for Appellee.

Before: WALKER, Chief Judge, HALL and GIBSON, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

Defendant-Appellant Raul Ramirez appeals from a judgment entered on May 27, 2004, in the United States District Court for the Western District of New York (Richard J. Arcara, Chief Judge), sentencing him to 46 months' imprisonment. On appeal, Ramirez argues that the district court erred in finding that each of the two prior "conditional discharge" sentences he received under N.Y. Penal Law § 65.05 was a "term of probation...

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