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U.S. v. LARA

No. 185, Docket 89-1210.

905 F.2d 599 (1990)

UNITED STATES of America, Appellant, v. Rogelio LARA, Carlos Morales, Francisco Delgado, Defendants, Carlos Morales, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 30, 1990.

Attorney(s) appearing for the Case

David C. James, Asst. U.S. Atty. (Andrew J. Maloney, U.S. Atty., Matthew E. Fishbein, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for appellant.

Bennett M. Epstein (Lawrence M. Herrmann, Epstein & Kirshner, New York City, of counsel), for defendant-appellee.

Before FEINBERG and CARDAMONE, Circuit Judges, and METZNER, District Judge.

CARDAMONE, Circuit Judge:

The government appeals from a judgment of the United States District Court for the Eastern District of New York (Glasser, J.) entered on April 11, 1989, resentencing appellee Carlos Morales to a term which downwardly departed from the Sentencing Guidelines range pursuant to 18 U.S.C. § 3553(b) (1988).

I BACKGROUND

The facts of this case are straightforward. Defendant-appellee Morales was found guilty at a non-jury trial...

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