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U.S. v. REYES

Docket No. 10-1400-cr.

691 F.3d 453 (2012)

UNITED STATES of America, Appellee, v. Raul REYES, aka Raoul Reyes, aka Rico Reyes, aka Paul Reyes, aka Raul Vasquez Reyes, aka Rauli Reyes, aka Jaime Colon, aka Jaime Rodriguez, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 29, 2012.

Attorney(s) appearing for the Case

Mary Anne Wirth , Bleakley Platt & Schmidt, LLP, White Plains, NY, for Defendant-Appellant.

Jennifer E. Burns , Assistant United States Attorney ( Justin Anderson , Assistant United States Attorney, on the brief), for Preet Bharara , United States Attorney for the Southern District of New York, New York, NY.

Before: KATZMANN, WESLEY, Circuit Judges, UNDERHILL, District Judge.

PER CURIAM:

Defendant-Appellant Raul Reyes pleaded guilty to one count of bank robbery in violation of 18 U.S.C. § 2113. The district court sentenced Reyes as a "career offender" under United States Sentencing Guideline ("U.S.S.G." or "Guidelines") § 4B1.1(a). In doing so, however, the district court adopted inconsistent findings in the Probation Department's Presentence Report ("PSR") regarding Reyes's prior convictions. This case raises an issue of first...

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