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U.S. v. JARAMILLO-MONTOYA

No. 136, Docket 87-1197.

834 F.2d 276 (1987)

UNITED STATES of America, Appellee, v. Jose Javier JARAMILLO-MONTOYA, Appellant.

United States Court of Appeals, Second Circuit.

Decided December 1, 1987.

Attorney(s) appearing for the Case

Judd Burstein, P.C., New York City, for appellant.

Patricia A. Pileggi, Asst. U.S. Atty. (Andrew J. Maloney, U.S. Atty. for the E.D. of N.Y., Emily Berger, Asst. U.S. Atty., of counsel), for appellee.

Before LUMBARD, OAKES, and KEARSE, Circuit Judges.

OAKES, Circuit Judge:

This appeal involves two questions: whether an address book containing the appellant's name was properly admitted either as a coconspirator's statement under Fed.R.Evid. 801(d)(2)(E) or under the residual hearsay exception, Fed.R.Evid. 804(b)(5), and whether a sentence totaling thirty-nine years' imprisonment was so disproportionate as to be cruel and unusual.

Jose Javier Jaramillo-Montoya and eight others were charged with conspiracy...

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