Free USCA Mandate - District Court of Connecticut - Connecticut


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Date: May 6, 2005
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State: Connecticut
Category: District Court of Connecticut
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e Case 3:00-cr-00263-JCI-l Document 1728 Filed O4/29/2005 Page 1 of 3 i
" ` ' “ — p D.C0m1.
if . OO-cr—263
" _ ` _ Hall, J.
t gi , United States Court of Appeals
FOR THE g
. SECOND CIRCUIT
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N L" ‘l' ‘i A a stated Term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, Foley Square, in V
the City of New York, on the (97 day of t¤?1LxL, two thousand and five, *
Present:
Hon. Wilfred Feinberg, _ Qgpxes C0URr0,4A
Hen. Robert D. sack, és F tl-E0 tg
I-Ion. Robert A. KatZII18.H11, B APR 1 *2MS EB
. Circuit Judges. *5 qs-
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sg <¤• 1
COND C-\F\O°\ ,
United States of America, i
Appellee—Cross-Appellant, 03-1727-cr (L)
03-1779-cr (Con)
v. O4-2737-cr (Con) E
David L. Burden, also known as Quinten, also
known as Sid, Kelvin Burden, also known as
Waffle, also known as Uncle, also known as Unc,
Jermaine Buchanan, and David M. Burden,
n Defendants—Appellants-Cross—Appellees.
The Government moves for a limited remand as to Appellants David L. Burden, Jermaine
Buchanan, and David M. Burden pursuant to this Court’s decision in United States v. Crosby,
397 F.3d 103 (2d Cir. 2005). The Government also seeks an extension of time to respond to
Appellant Kelvin Burden’s claims on appeal. Upon due consideration, it is ORDERED that the i .
motion is GRANTED. On remand, the district court is directed to consider whether, under the
Supreme Court’s decision in United States v. Booker, _ U.S. _, 125 S.Ct 738 (2005), the
sentences originally imposed on David L. Burden, Jermaine Buchanan, and David M. Burden
would have been nontrivially different and, if so, to resentence. See Crosby, 397 F.3d at 118.
This Court’s Clerk’s Office shall issue the mandate forthwith, pursuant to United States v.
Jacobson, 15 F.3d 19, 22 (2d Cir. 1994). Jurisdiction over the appeal will be automatically
restored to this Court, without the need for a new notice of appeal, if the parties notify this
Court’s Clerk’s Office within ten days of the district court’s decision. Appellant may avoid
. resentencing by promptly notifying the district court that resentencing is not sought. Upon
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...ISSUED AS MANDATE: Ll ·- LI *0g ..

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° » .. Case 3:00,-cr-00263-JCH Document 1728 Filed O4/29/2005 Page 2 of 3 I
receipt of notification by any party of renewal of the appeal, the Clerk’s Office will enter a
scheduling order. -
FOR THE COURT:
Roseann B. acKechnie, Clerk 2
r
. By: . _
` Oliva M. George, Deputy Clerk
(I
A : ·‘ C ""`. p _ _
Ros $C·· ie, CLERK
SAO CAD I j

` Case 3:OO·cr-00263-JCH Document 1728 Filed O4/29/2005 Page]§_g{,1i,%n_
( 00-cr-263
* Hall, J.
United States Court of Appeals tgt? iq ‘let; at
l at '» .-» iz--.-- ted
ron nm
SECOND CIRCUIT
_._,_____.__.___ Zlliii itllli Zfi F) 2; ll 8 i
._ ,,tt . __.a _tl. i
Us i lla- iw l a
At a stated Term of the United States Cou1it§bf’Appeals fol the Second
Circuit, held at the Thurgood Marshall United States Courthouse, Foley Square, in i
the City of New York, on the (gl day of t>~?lL\ L, two thousand and five, l
. l
Present: l
Hon. Wilfred Feinberg, Q $,,,155 C0URr0,4/J , E
Hon. Robert D. Sack, gv F “·ED gg
Hon. Robert A. Katzmann, § App. 1 gms Q,
Ctrctttt Judges. *%,,%.8 l _ _· tgé
,38 · ¤¢l•¢hl\ U"
°0~n cine 1
United States of America, {
Appellee-Cross—Appellant, 03-1727-cr (L) l
03-1779-cr (Con) =
v. 04-2737-cr (Con)
David L. Burden, also known as Quinten, also THEMANDATE, CONSISITNG OF U
known as Sid, Kelvin Burden, also known as ITEMS BELOW. HAS_r§EE§l; g?)[gTS
Waffle, also known as Uncle, also known as Unc, ( ( NTA -
Jermaine Buchanan, and David M. Burden, {
mscmvnn Bv;________, DA'i`E............·
Defendants-Appellants—Crod$EA,bi§dlldé)sQVIL TEAM
The Government moves for a limited remand as to Appellants David L. Burden, Jermaine I
Buchanan, and David M. Burden pursuant to this Court’s decision in United States v. Crosby,
397 F.3d 103 (2d Cir. 2005). The Government also seeks an extension of time to respond to
` Appellant Kelvin Burden’s claims on appeal. Upon due consideration, it is ORDERED that the
motion is GRANTED. On remand, the district court is directed to consider whether, under the
Supreme Cou1t’s decision in United States v. Booker, _ U.S. __, 125 S.Ct 738 (2005), the
sentences originally imposed on David L. Burden, Jermaine Buchanan, and David M. Burden
would have been nontnvially different and, if so, to resentence-. See Crosby, 397 F.3d at 118. Q
This Court’s Clerk’s Office shall issue the mandate forthwith, pursuant to United States v. j
Jacobson, 15 F.3d 19, 22 (2d Cir. 1994). Jurisdiction over the appeal will be automatically i
restored to this Court, without the need for a new notice of appeal, if the patties notify this
Court’s Clerk’s Office within ten days of the district court’s decision. Appellant may avoid
resentencing by promptly notifying the district court that resentencing is not sought. Upon
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