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CORTORREAL v. U.S.

Docket No. 06-5193-cr.

486 F.3d 742 (2007)

Herminio CORTORREAL, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Second Circuit.

Decided: May 3, 2007.

Attorney(s) appearing for the Case

Herminio Cortorreal, pro se, Fort Dix, NJ, for Petitioner.

Boyd M. Johnson, United States Attorney's Office, Southern District of New York, NY, for Respondent.

Before WALKER, STRAUB, and B.D. PARKER, Circuit Judges.

PER CURIAM.

In May 2006, Herminio Cortorreal, pro se, filed in the District Court a motion for resentencing in which he argued that he was entitled to resentencing under 18 U.S.C. § 3582(c)(2), and the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Specifically, Cortorreal argued that, because Booker had constituted both an implicit lowering of the...

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