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U.S. v. MONTOYA

No. 02-1285.

335 F.3d 73 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Javier Jaramillo MONTOYA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 8, 2003.

Attorney(s) appearing for the Case

Jose Javier Jaramillo Montoya, Pro Se, Edgefield, SC.

Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (David C. James and Patricia A. Pileggi, Assistant United States Attorneys for the Eastern District of New York, on the brief), Brooklyn, N.Y. for Appellee.

Before: WALKER, Chief Judge, CARDAMONE and SOTOMAYOR, Circuit Judges.

PER CURIAM.

This case requires us to determine whether an amendment to Fed.R.App.P. ("Rule") 26, which governs how to compute periods of limitations specified in the Federal Rules of Appellate Procedure, applies retroactively to a notice of appeal docketed by the district court. We find that, under the circumstances of this case, the amended rules regarding computation of time apply retroactively and, hence, that defendant...

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