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U.S. v. DEMOTT

Docket Nos. 05-4285-cr(L), 06-5737-cr(CON), 06-5820-cr(CON).

513 F.3d 55 (2008)

UNITED STATES of America, Appellee, v. Christopher DeMOTT, also known as John Morris, also known as Richard O'Brian, also known as Christopher Morris, also known as Warden John Doe, Defendants, Christopher Campbell Day, also known as KIP, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 15, 2008.

Attorney(s) appearing for the Case

Norman Trabulus, New York, NY, for Defendant-Appellant.

Burton T. Ryan, Assistant United States Attorney (Peter A. Norling, of counsel; Roslynn B. Mauskopf, United States Attorney, Eastern District of New York, on the brief), United States Attorney's Office for the Eastern District of New York, New York, NY, for Appellee.

Before: JACOBS, Chief Judge, POOLER and d SACK, Circuit Judges.

PER CURIAM:

Christopher Campbell Day pled guilty to conspiring to distribute and possess with intent to distribute over one thousand kilograms of marijuana. He appeals from a memorandum and order of the United States District Court for the Eastern District of New York (Platt, J.) resentencing him, after a remand, to the same term of 180 months' imprisonment. By resentencing Day without providing notice to Day or his counsel, the district judge violated Day...

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