U.S. v. DONOSO

Docket No. 07-0635-cr.

521 F.3d 144 (2008)

UNITED STATES of America, Appellee, v. Richard DONOSO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 3, 2008.


Attorney(s) appearing for the Case

John S. Wallenstein, Parson & Wallenstein, Mineola, NY, for Defendant-Appellant.

Roslynn R. Mauskopf, United States Attorney, Eastern District of New York, (Susan Corkery, Allen Bode, Assistant United States Attorneys, on the brief), Brooklyn, N.Y., for Appellee.

Before: McLAUGHLIN and HALL, Circuit Judges, and SAND, District Judge.


PER CURIAM:

Richard Donoso appeals from the judgment of the district court re-sentencing him, after vacating a previously imposed sentence, to a 24-month term of imprisonment for violating the conditions of his supervised release. On appeal, Donoso argues that, because the first sentence imposed by the district court was not the product of error, the district court improperly relied on Rule 35(a) of the Federal Rules of Criminal Procedure to recall his case, vacate...

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