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U.S. v. MARTINEZ

No. 08-13846.

606 F.3d 1303 (2010)

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

United States Court of Appeals, Eleventh Circuit.

May 19, 2010.

Attorney(s) appearing for the Case

Tracy N. DaCruz, Rosemary T. Cakmis, Fed. Pub. Defenders, Orlando, FL, Donna Lee Elm, Fed. Pub. Def., Tampa, FL, for Defendant-Appellant.

Yvette Rhodes, Karin B. Hoppmann, Tampa, FL, for Plaintiff-Appellee.

Before MARCUS and HILL, Circuit Judges, and VOORHEES, District Judge.

MARCUS, Circuit Judge:

Appellant Hector Martinez has petitioned this Court for rehearing and rehearing en banc, arguing that United States v. Canty, 570 F.3d 1251 (11th Cir. 2009), precludes our grant of relief allowing the government to introduce new evidence on remand to support a claimed leadership sentencing enhancement. Plainly, this Court has the power to authorize...

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