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U.S. v. REGALADO

Docket No. 05-5739-cr.

518 F.3d 143 (2008)

UNITED STATES of America, Appellee, v. Jose REGALADO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 4, 2008.

Attorney(s) appearing for the Case

B. Alan Seidler, New York, NY, for Defendant-Appellant.

Stephen A. Miller, Assistant United States Attorney (Michael J. Garcia, United States Attorney, Southern District of New York, on the brief, Daniel A. Braun, Assistant United States Attorney, of counsel), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.

Before: JACOBS, Chief Judge, POOLER and SACK, Circuit Judges.

PER CURIAM:

Jose Regalado appeals from the sentence of 262 months' imprisonment imposed by the United States District Court for the Southern District of New York (Leisure, J.), following his May 1, 2003 guilty plea to conspiring to distribute and possess with intent to distribute cocaine base. In light of Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), we are unable to discern whether the district court would have imposed...

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