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U.S. v. MORALES

Docket Nos. 07-4202-cr (L), 07-5529-cr (Con).

560 F.3d 112 (2009)

UNITED STATES of America, Appellee, v. Ramon MORALES and Luis Orozco-Castanos, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 18, 2009.

Attorney(s) appearing for the Case

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

Norman Trabulus, New York, NY, for Defendant-Appellant Luis Orozco-Castanos.

Nicole W. Friedlander, Assistant United States Attorney for the Southern District of New York, for Lev. L. Dassin, Acting United States Attorney for the Southern District of New York (Katherine Polk Failla, Assistant United States Attorney, on the brief, New York, NY), for Appellee.

Before POOLER and SOTOMAYOR, Circuit Judges, and JONES, District Judge.

PER CURIAM:

We review the determination of the United States District Court for the Southern District of New York (Koeltl, J.) that the government committed only a clerical error subject to correction at any time, see 21 U.S.C. § 851(a)(1), when it cited only the lower of the two applicable prior-narcotics-felony enhancements in the prior felony information served on defendant Ramon Morales before trial...

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