No. 08-2761-cr.

600 F.3d 263 (2010)

UNITED STATES of America, Appellee, v. Ramiro MENENDEZ, Alberto Sierra, Vilma Bido, Angelo Lisi, Russell Lawrence, Carlos Ekmeiro, also known as "Pelon," Paul Pacheco, Ricardo Sobalvarro, Martha Cobis, Kenyi Mariela Diaz-Perez, Defendants, Gustavo Sierra, also known as "Papo," also known as "Ray," also known as "Raul," also known as "Mr. X," Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 29, 2010.

Attorney(s) appearing for the Case

Randa D. Maher, Law Office of Randa D. Maher, Great Neck, New York, for defendant-appellant.

Sarah Y. Lai and Guy Petrillo, Assistant United States Attorneys, Lev L. Dassin, Acting United States Attorney for the Southern District of New York, United States Attorney's Office for the Southern District of New York, New York, New York, for appellee.

Before JACOBS, Chief Judge, MINER and LIVINGSTON, Circuit Judges.

MINER, Circuit Judge:

Defendant-appellant Gustavo Sierra ("Sierra") appeals from a judgment of conviction and sentence entered on June 3, 2008, in the United States District Court for the Southern District of New York (Batts, J.), following a guilty plea to one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of a substance containing a detectable amount of heroin, in violation of 21 U.S.C. § § 841(a)(1), (b)(1...

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