Docket No. 10-5237-cr.

673 F.3d 153 (2012)

UNITED STATES of America, Appellee, v. Vincenzo ROCCISANO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 14, 2012.

Attorney(s) appearing for the Case

Jonathan I. Edelstein , Edelstein & Grossman, New York, NY, for Defendant-Appellant.

James M. Miskiewicz , Assistant United States Attorney, of counsel ( Susan Corkery , Assistant United States Attorney, of counsel) for Loretta Lynch, United States Attorney for the Eastern District of New York, for Appellee.

Before: KATZMANN, B.D. PARKER, Circuit Judges, RESTANI, Judge.


Defendant-Appellant Vincenzo Roccisano appeals a December 16, 2010 judgment of conviction entered by the Southern District of New York (Seybert, J.) following his guilty plea to illegal reentry in violation of 8 U.S.C. § 1326(a) & (b)(2). On September 16, 2010, the district court sentenced Roccisano to, principally, a 46 month term of imprisonment. On appeal, Roccisano contends that the district court miscalculated Roccisano's applicable...

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