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U.S. v. GOMEZ

No. 09-4412-cr.

UNITED STATES OF AMERICA, Appellee, v. MARINO GOMEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

November 23, 2010.

Attorney(s) appearing for the Case

Thomas G.A. Brown (of counsel) and Katherine Polk Failla (on the brief), Assistant United States Attorneys, for Preet Bharara, United States Attorney, Southern District of New York, for Appellee.

Mary Mulligan and Rahul Agarwal (on the brief), Friedman Kaplan Seiler & Adelman LLP, New York, NY., for Appellant.

Present: ROSEMARY S. POOLER, BARRINGTON D. PARKER, RICHARD C. WESLEY, Circuit Judges.

SUMMARY ORDER

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and hereby is REMANDED.

Marino Gomez appeals from a sentence of 150 months in prison, following his plea of guilty to an eight-count indictment charging Gomez with importing and participating in a conspiracy to import kilogram quantities of heroin. Gomez objects that the District Court (1) improperly calculated...

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