Docket No. 11-2242-cr.

725 F.3d 271 (2013)

UNITED STATES of America, Appellee, v. Rene RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 8, 2013.

Attorney(s) appearing for the Case

Steven Y. Yurowitz , Newman & Greenberg, New York, NY, for Defendant-Appellant.

Brenda K. Sannes , Assistant United States Attorney ( Paula Ryan Conan , Carla Freedman , Assistant United States Attorneys, and Richard S. Hartunian , United States Attorney for the Northern District of New York, on the brief), Syracuse, NY, for Appellee.

Before: LYNCH, LOHIER, and CARNEY, Circuit Judges.

LOHIER, Circuit Judge:

Defendant Rene Rodriguez appeals from a judgment of conviction entered May 24, 2011, in the United States District Court for the Northern District of New York (Glenn T. Suddaby, Judge). Rodriguez pleaded guilty to possessing with intent to distribute 500 grams or more of cocaine. Due to the filing of a prior felony information, the District Court imposed a statutory mandatory minimum sentence of 120 months' imprisonment. Rodriguez now...

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