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U.S. v. HERNANDEZ

Docket No. 09-1421-cr.

604 F.3d 48 (2010)

UNITED STATES of America, Appellee, v. Hector HERNANDEZ, also known as Menudo, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 5, 2010.

Attorney(s) appearing for the Case

Michael A. Young (Joyce C. London, on the brief), New York, NY, for Appellant.

John J. Durham, Assistant United States Attorney (Peter A. Norling, Assistant United States Attorney, on the brief), for United States Attorney Benton J. Campbell, United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee.

Judge CALABRESI concurs in a separate opinion.

DENNIS JACOBS, Chief Judge:

Defendant-appellant Hector Hernandez appeals from a judgment entered in the United States District Court for the Eastern District of New York (Platt, J.) in 2009, which re-imposed a 405-month sentence of incarceration after remand from this Court back in 1993. The record indicates that the district court evidently started with an assumption—invalid after so long an interval—that the baseline for the re-sentencing was the sentence...

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