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U.S. v. RIVERA

Docket No. 10-1199-cr.

662 F.3d 166 (2011)

UNITED STATES of America, Appellee, v. Gilberto RIVERA, a/k/a Junco, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 21, 2011.

Attorney(s) appearing for the Case

Gary D. Weinberger , Assistant Federal Defender ( Thomas McCudden , Research and Writing Attorney, on the brief), for Thomas G. Dennis, Federal Defender, Hartford, CT, for Defendant-Appellant.

Harold H. Chen , Assistant United States Attorney ( Sandra S. Glover , Assistant United States Attorney, on the brief), for David B. Fein, United States Attorney, District of Connecticut, New Haven, CT, for Appellee.

Judge KATZMANN concurs in a separate opinion.

JOHN GLEESON, District Judge:

Gilberto Rivera is a crack cocaine offender who was convicted after trial and sentenced in 1996 to a 292-month term of imprisonment. On January 14, 2008, Rivera filed a motion in the United States District Court for the District of Connecticut pursuant to 18 U.S.C. § 3582(c)(2) seeking a reduction of his sentence. Specifically, Rivera sought to benefit from the 2007 decisions by the United States Sentencing Commission (the "Commission...

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