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U.S. v. GONZALEZ

Nos. 1286, 2175, Dockets 91-1690, 92-1014.

970 F.2d 1095 (1992)

UNITED STATES of America, Appellee-Cross-Appellant, v. José GONZALEZ, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 24, 1992.

Attorney(s) appearing for the Case

Lawrence K. Feitell, New York City, submitted a brief for defendant-appellant.

Otto G. Obermaier, U.S. Atty., Susan E. Brune, Daniel C. Richman, Asst. U.S. Attys., New York City, submitted a brief, for appellee.

Before: MESKILL, Chief Judge, TIMBERS and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents the question of when a court should conduct an evidentiary hearing into allegations underlying a defendant's presentence application to withdraw his plea of guilty. It also presents the question of whether a district court, in the absence of a Government motion pursuant to section 5K1.1 of the Sentencing Guidelines, can depart from a defendant's applicable guideline range on the grounds that the defendant's cooperation...

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