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U.S. v. FIGUEROA

Docket No. 12-3271-cr.

714 F.3d 757 (2013)

UNITED STATES of America, Appellee, v. Benjamin FIGUEROA, aka Trini, Defendant-Appellant, Isaac Almanzar, aka Lucky; Eddie Medina, aka Pedro; Luis Hernandez, aka King Rip, aka Danny Hernandez, aka Louis Hernandez; Miguel Soto, aka Righteous; Jose Cruz; Javier Tavarez, aka Fatbox; Ismael Suren, aka Ish, Defendants.

United States Court of Appeals, Second Circuit.

Decided: May 9, 2013.

Attorney(s) appearing for the Case

Scott L. Fenstermaker , Law Offices of Scott L. Fenstermaker, P.C., New York, NY, for Benjamin Figueroa.

Robert T. Polemeni , David C. James , for Loretta E. Lynch , United States Attorney, United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for the United States of America.

Before: LEVAL, CABRANES, and B.D. PARKER, Circuit Judges.

PER CURIAM:

This appeal requires us to determine whether the United States District Court for the Eastern District of New York (Dora L. Irizarry, Judge) erred by denying defendant-appellant Benjamin Figueroa's motion for resentencing, filed pursuant to 18 U.S.C. § 3582(c) and U.S.S.G. § 1B1.10. Although the District Court concluded that Figueroa was eligible for a sentence reduction, it declined to reduce his sentence, finding that he posed a danger...

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