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U.S. v. MARTINEZ

Docket No. 06-5502-cr.

525 F.3d 211 (2008)

UNITED STATES of America, Appellee, v. David MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 9, 2008.

Attorney(s) appearing for the Case

Donna Newman, Law Office of Donna Newman, Esq., New York, NY, for Defendant-Appellant.

Parvin Daphne Moyne, Assistant United States Attorney, Southern District of New York (Cathy Seibel, Deputy United States Attorney, on the brief), for Michael J, Garcia, United States Attorney, Southern District of New York, NY, for Appellee.

Before WINTER and HALL, Circuit Judges, and KRAVITZ, District Judge.

PER CURIAM:

David Martinez appeals from the order of the district court declining to re-sentence him after this Court's remand pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir.2005). On appeal, Martinez argues that the district court improperly relied on facts determined by a preponderance of the evidence in applying a four-level enhancement pursuant to former Section 2K2.1(b)(5) of the United States Sentencing Guidelines...

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