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U.S. v. PAYANO

No. 18-1153.

930 F.3d 186 (2019)

UNITED STATES of America v. Pedro Ramon PAYANO, also known as Joemanuel Nunez-Suarez, Appellant

United States Court of Appeals, Third Circuit.

Opinion Filed: July 10, 2019.

Attorney(s) appearing for the Case

Abigail E. Horn [ARGUED], Brett G. Sweitzer , Federal Community Defender Office for the Eastern District of Pennsylvania, 601 Walnut Street, The Curtis Center, Suite 540 West, Philadelphia, PA 19106, Counsel for Appellant Pedro Ramon Payano

Bernadette A. McKeon [ARGUED], Jennifer B. Jordan , Office of United States Attorney, 615 Chestnut Street, Suite 1250 Philadelphia, PA 19106, Counsel for Appellee United States of America

Before: JORDAN, KRAUSE, and ROTH, Circuit Judges.

OPINION OF THE COURT

Appellant Pedro Ramon Payano appeals his sentence on the ground that the District Court's mistaken belief as to the applicable statutory maximum constitutes plain error. In his view, this error warrants resentencing by way of analogy to Molina-Martinez v. United States where the Supreme...

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