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U.S. v. ALVARADO

Docket No. 12-3413-cr.

720 F.3d 153 (2013)

UNITED STATES of America, Appellee, v. Hemenegildo Padilla ALVARADO, aka Hemengildo Padilla Alvarado, aka Hemenegildo Alvarado Padilla, aka Hemenegildo Alvarado, aka Angel Burgos, aka Jose Hernandez, aka Indalecio Rodriguez, aka Pablo Castillo, aka Jose Martinez, aka Pablo Castio, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 24, 2013.

Attorney(s) appearing for the Case

Peggy Cross-Goldenberg ( Edward S. Zas , on the brief), Assistant Federal Public Defenders, Federal Defenders of New York, Inc., New York, NY, for Hemenegildo Padilla Alvarado.

P. Ian McGinley ( Brent S. Wible , on the brief), Assistant United States Attorneys, for Preet Bharara, United States Attorney, United States Attorney's Office for the Southern District of New York, New York, NY, for the United States of America.

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

PER CURIAM:

In this appeal we consider whether the United States District Court for the Southern District of New York (William H. Pauley, III, Judge) plainly erred by sentencing defendant-appellant Hemenegildo Padilla Alvarado ("Padilla") to, inter alia, a three-year term of supervised release even though Section 5D1.1(c) of the United States Sentencing Guidelines ("U.S.S.G." or "Guidelines") provides that district courts "ordinarily should not impose...

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