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U.S. v. AITORO

No. 04-1742.

446 F.3d 246 (2006)

UNITED STATES, Appellee, v. Joseph AITORO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 12, 2006.

Attorney(s) appearing for the Case

Judith H. Mizner, for appellant.

David H. Koysza, with whom Michael J. Sullivan, United States Attorney, and Kimberly P. West, Assistant U.S. Attorney, were on brief, for appellee.

Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

STAHL, Senior Circuit Judge.

This appeal challenges the denial of defendant Joseph Aitoro's motion to suppress evidence and the validity of the sentence imposed after the defendant's entry of a guilty plea and subsequent conviction. We find no error in the court's denial of the motion to suppress or the court's factual findings at sentencing, but vacate the sentence imposed and remand the case for resentencing in light of United States v.

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