U.S. v. HIRLIMAN

Docket Nos. 05-3677-cr(L), 05-4006-cr(XAP), 05-4009-cr(CON).

503 F.3d 212 (2007)

UNITED STATES of America, Appellee-Cross-Appellant, v. Greg HIRLIMAN, Jimmy Leon, also known as Jimmy Dale, Amos Keith, Jeffrey Evans, Ronald Wilson, Edward Ingenito, also known as Buster, Joseph Scicchitano, Carlos Wiggins, Jeff Bellamy, John Bryant, Sherry Marie Boula, Omar T. Ferguson, Jamie Friel, James V. Hamilton, also known as Black, Gary Hanson, Thomas Johnson, also known as T, Kim Kohl, David Sharp, Earl Thomas, also known as Slim, Lorraine Benjamin, Scott Crandall, Susan Fisher, Kevin Martinelli, Lamont Parks, Terri Pearman, Michael Rhodes, Demetrious Sayles, Defendants, Donald Benjamin, Jr., also known as Ducky, Neal Benjamin, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 27, 2007.


Attorney(s) appearing for the Case

James P. Kennedy, Assistant United States Attorney (Terrance P. Flynn, United States Attorney for the Western District of New York, on the brief), Buffalo, NY, for Appellee-Cross-Appellant.

John J. Lavin, John J. Lavin, P.C., Buffalo, NY, for Defendant-Appellant-Cross-Appellee Neal Benjamin.

Vincent E. Doyle III, Connors & Vilardo, LLP, Buffalo, NY, for Defendant-Appellant-Cross-Appellee Donald Benjamin.

Before: WINTER, WALKER, and SACK, Circuit Judges.


WINTER, Circuit Judge:

Neal and Donald Benjamin appeal their sentences imposed by Judge Elfvin for various drug related offenses.1 The government cross-appeals, arguing that the district judge violated 18 U.S.C. § 3553 and a direction of this court in a previous appeal of this matter, United States v. Evans, 352 F.3d 65 (2d Cir.2003), by failing for a second time to give notice of his decision...

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