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U.S. v. PEREZ

Nos. 710-712, Dockets 89-1408, 89-1416 and 89-1417.

904 F.2d 142 (1990)

UNITED STATES of America, Appellee, v. William PEREZ, a/k/a "Willo," Lillian Perez, a/k/a "Lee," and Luis Garcia, a/k/a "Weo," Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 23, 1990.

Attorney(s) appearing for the Case

Alan G. Polak, New York City, for defendant-appellant William Perez.

Gerald J. McMahon, New York City, for defendant-appellant Lillian Perez.

Richard E. Kwasnik, New York City, for defendant-appellant Luis Garcia.

Kevin P. McGrath, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty. for the E.D. of N.Y., Emily Berger, Gregory J. O'Connell, Asst. U.S. Attys., on the brief), for Appellee.

Before VAN GRAAFEILAND, MINER and WALKER, Circuit Judges.

WALKER, Circuit Judge:

This appeal follows the defendants' third trial in the Eastern District of New York on charges of participating in a widespread heroin conspiracy, after which they received sentences ranging from fifteen to thirty-five years. Their first convictions resulted in jail sentences ranging from five to eight years. Defendants argue that the imposition of more severe sentences after a successful challenge to their first convictions, albeit by a different...

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