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U.S. v. NEGRON

Docket No. 06-3614-cr.

524 F.3d 358 (2008)

UNITED STATES of America, Appellee, v. Jose NEGRON, Rafael Gonzales, Angel Maldonado, Alexis Pratts, Christian Silverio, John Rodriguez, Lionel Pineiro, Defendants, Julio Silverio, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 24, 2008.

Attorney(s) appearing for the Case

Lawrence Mark Stern, New York, NY, for Defendant-Appellant.

Jeffrey H. Knox, Assistant United States Attorney (Susan Corkery, Assistant United States Attorney, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee.

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

PER CURIAM:

Julio Silverio appeals from an order entered on August 2, 2006, in the United States District Court for the Eastern District of New York (Weinstein, J.), declining to resentence him after remand pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir.2005). Silverio's sole argument on this appeal is that the district court erroneously refused to consider the terms of a

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