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U.S. v. ROOD

Docket No. 11-2174-cr.

679 F.3d 95 (2012)

UNITED STATES of America, Appellee, v. Flay ROOD, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 15, 2012.

Attorney(s) appearing for the Case

Lisa A. Peebles ( James P. Egan , Research & Writing Attorney, Melissa A. Tuohey , Assistant Federal Public Defender, on the brief), Office of the Federal Public Defender, Syracuse, NY, for defendant-appellant Flay Rood.

Paul D. Silver , Assistant United States Attorney ( Lisa M. Fletcher , Assistant United States Attorney of counsel), for Richard S. Hartunian , United States Attorney for the Northern District of New York, Albany, NY, for appellee the United States of America.

Before: CALABRESI, CABRANES, and CHIN, Circuit Judges.

PER CURIAM:

Defendant-appellant Flay Rood appeals from the judgment of conviction and sentence entered by the United States District Court for the Northern District of New York (David N. Hurd, Judge) on May 26, 2011. We hold that the District Court erred when it imposed a mandatory sentence of life imprisonment pursuant to 18 U.S.C. § 3559(e)1 in the apparent absence of judicial record...

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