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UNITED STATES v. GARCIA

Nos. 82-1198, 82-1419, 82-1192 and 82-1199.

694 F.2d 294 (1982)

UNITED STATES of America, Appellee, v. Francisco GARCIA, Benito Marcos, Eric Dupoux and Juan Carmenate, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 3, 1982.

Attorney(s) appearing for the Case

Robert L. Sheketoff, with whom Norman S. Zalkind and Zalkind, Zalkind & Sheketoff, Boston, Mass., were on brief, for defendant, appellant Dupoux.

Elliot F. Parkhurst, with whom Louis P. Font and Font & Glazer, Cambridge, Mass., were on brief, for defendants, appellants Garcia and Carmenate.

Owen S. Walker, Boston, Mass., for defendant, appellant Marcos.

John H. LaChance, Asst. U.S. Atty., Framingham, Mass., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief for appellee.

Before COFFIN, Chief Judge, TIMBERS, Senior Circuit Judge, and BOWNES, Circuit Judge.

PER CURIAM.

The question presented on these appeals is whether a federal district court must afford the government an opportunity to make an oral recommendation at the time of sentencing. We hold that it must. The refusal here to afford that opportunity violated Fed.R.Crim.P. 32(a)(1).

Defendants Garcia, Marcos, Dupoux and Carmenate were indicted in November 1981 on six counts of violating the federal narcotics laws. During the pre-trial proceedings on January...

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