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U.S. v. DIAZ

No. 10-3337.

639 F.3d 616 (2011)

UNITED STATES of America v. Nelson Luis DIAZ, Appellant.

United States Court of Appeals, Third Circuit.

Filed: May 5, 2011.

Attorney(s) appearing for the Case

Ronald A. Krauss (Argued), Lori J. Ulrich , Office of Federal Public Defender, Harrisburg, PA, Attorneys for Appellant.

Michael A. Consiglio (Argued), Eric Pfisterer , Office of United States Attorney, Harrisburg, PA, Attorneys for Appellee.

Before: SLOVITER, FUENTES, and SMITH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This court previously vacated one of the two counts of conviction of Nelson Diaz under 18 U.S.C. § 924(c) because it was not based on a second predicate offense. On remand to the District Court for resentencing, the District Court rejected Diaz's contention that it was required to merely subtract the 120-month sentence associated with the vacated count. The Court held that it was permitted to resentence...

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