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U.S. v. GAVIRIA

No. 719, Docket 94-1272.

49 F.3d 89 (1995)

UNITED STATES of America, Appellee, v. Luis E. GAVIRIA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 8, 1995.

Attorney(s) appearing for the Case

Donna R. Newman, New York City, for defendant-appellant.

Julie E. Katzman, Asst. U.S. Atty., Brooklyn (Zachary W. Carter, U.S. Atty. for the E.D.N.Y., Robert P. LaRusso, Joseph R. Conway, Asst. U.S. Attys., Brooklyn, NY, of counsel), for appellee.

Before: KEARSE, McLAUGHLIN, and CABRANES, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Luis Gaviria pled guilty to possessing cocaine with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1). At sentencing in the United States District Court for the Eastern District of New York (Thomas C. Platt, Chief Judge), the district court determined that Gaviria intended to distribute 743 kilograms of cocaine. The district court sentenced Gaviria to 235 months' imprisonment, the bottom of the applicable Guideline...

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