United States v. Raul Ramirez
Court of Appeals for the Second Circuit
1Opinion of the Court
JOHN M. WALKER, JR., Chief Judge.
Defendanb-Appellant Raul Ramirez appeals from a judgment entered on May 27, 2004, in the United States District Court for the Western District of New York (Richard J. Arcara, Chief Judge), sentencing him to 46 months’ imprisonment. On appeal, Ramirez argues that the district court erred in finding that each of the two prior “conditional discharge” sentences he received under N.Y. Penal Law § 65.05 was a “term of probation” for purposes of § 4A1.2(c)(l)(A) of the United States Sentencing Guidelines (2003) (“U.S.S.G.” or “Guidelines”), and thus subject to…
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