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U.S. v. GILMORE

Docket No. 05-6195-cr.

471 F.3d 64 (2006)

UNITED STATES of America, Appellee, v. Gregory GILMORE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2006.

Attorney(s) appearing for the Case

Barry D. Leiwant, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Defendant-Appellant.

Sean P. Casey, Assistant United States Attorney (Alyssa A. Qualls, Assistant United States Attorney, on the brief) for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, New York, NY, for Appellee.

Before: MINER, POOLER, and KATZMANN, Circuit Judges.

PER CURIAM:

Gregory Gilmore appeals a judgment of the District Court for the Eastern District of New York (Glasser, J.) imposing a term of imprisonment above the advisory Guidelines range. The district court imposed this non-Guidelines sentence without notice to the defendant of its intent to do so. In United States v. Anati, 457 F.3d 233, 236-37 (2d Cir.2006), we held that such notice is required by Federal Rule of...

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