United States v. Desimone

WINTER, Chief Judge:

This is a petition for rehearing. Familiarity with our decision is assumed. United States v. Desimone, 119 F.3d 217 (2d Cir.1997). In that decision, a two-judge panel affirmed Fernandez’s sentence of 121 months imprisonment following his conviction for conspiracy to distribute and possess with intent to distribute cocaine. The original panel consisted of Judges Cardamone and Mahoney of this court, and Judge Restani of the Court of International Trade, sitting by designation. After oral argument, Judge Mahoney passed away, and the decision was issued by a panel consisting…