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U.S. v. GUERRERO

No. 158, Docket 88-1198.

863 F.2d 245 (1988)

UNITED STATES of America, Appellee, v. Nelson GUERRERO, Defendant-Appellant, Cesar Rivera and Anthony Medina, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 12, 1988.

Attorney(s) appearing for the Case

Richard Ware Levitt, New York City, for defendant-appellant.

David C. James, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., Kevin O'Regan, Asst. U.S. Atty., on the brief), for appellee.

Before FEINBERG, Chief Judge, NEWMAN and GARTH, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents two issues concerning the application of the Sentencing Guidelines. One, likely to recur in the future, is whether a sentencing judge may depart upward from a guideline range because of the amount of narcotics involved, notwithstanding the fact that the United States Sentencing Commission has established a hierarchy of guideline ranges scaled in relation to narcotic quantities. A preliminary issue, pertinent only...

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