United States v. Kurti, 011614 FED2, 12-3503-cr

Docket Nº:12-3503-cr
Party Name:United States of America, Appellee, v. Ibrahim Kurti, a/k/a "Brian Kurti", a/k/a "Big Brian" Defendant-Appellant.
Attorney:FOR APPELLANT: James M. Branden, Law Office of James M. Branden, New York, NY. FOR APPELLEE: Justin S. Weddle, Matthew L. Schwartz, Assistant United States Attorneys, for Preet Bharara, United States Attorney for the Southern District of New York.
Judge Panel:Present: RALPH K. WINTER, CHESTER J. STRAUB, PETER W. HALL, Circuit Judges.
Case Date:January 16, 2014
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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United States of America, Appellee,

v.

Ibrahim Kurti, a/k/a "Brian Kurti", a/k/a "Big Brian" Defendant-Appellant.

No. 12-3503-cr

United States Court of Appeals, Second Circuit

January 16, 2014

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 16th day of January, two thousand fourteen.

Appeal from a judgment of the United States District Court for the Southern District of New York (Preska, J.).

FOR APPELLANT: James M. Branden, Law Office of James M. Branden, New York, NY.

FOR APPELLEE: Justin S. Weddle, Matthew L. Schwartz, Assistant United States Attorneys, for Preet Bharara, United States Attorney for the Southern District of New York.

Present: RALPH K. WINTER, CHESTER J. STRAUB, PETER W. HALL, Circuit Judges.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.

Defendant–Appellant Ibrahim Kurti ("Kurti") appeals from an amended judgment of conviction entered on August 17, 2012, sentencing Kurti after his guilty plea and pursuant to this Court's remand for resentencing. See United States v. Kurti, 427 F.3d 159 (2d Cir. 2005). In 2003, Kurti pled guilty to counts of participating in a conspiracy to distribute and possess with intent to distribute ecstacy and participating in a conspiracy to distribute and possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(C). Id. at 161. As a result of his first appeal, this Court remanded for clarification of the length of the sentences imposed on each count and whether the two sentences were to run consecutively or concurrently. Id. at 164. The mandate remanding the matter to the district court issued on November...

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