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U.S. v. COLE

Docket No. 06-0226-cr.

496 F.3d 188 (2007)

UNITED STATES of America, Appellee, v. Patrick M. COLE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 9, 2007.

Attorney(s) appearing for the Case

Timothy W. Hoover, Federal Public Defender's Office, Buffalo, NY, for defendant-appellant.

Stephan J. Baczynski, Assistant United States Attorney, Buffalo, NY, for appellee.

Before: ROBERT D. SACK, B.D. PARKER, and PETER W. HALL, Circuit Judges.

HALL, Circuit Judge:

Defendant-Appellant Patrick M. Cole appeals from an order sentencing him to 90 months' imprisonment. Principally because the district court failed to provide sufficient notice of its intent to consider sua sponte an above-Guidelines sentence, we vacate and remand.

I. Background

A. The Offense and Plea Agreement

In May 2004, a grand jury in the Western...

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