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U.S. v. CORREA-VARGAS

No. 68, Docket 88-1167.

860 F.2d 35 (1988)

UNITED STATES of America, Appellee, v. Luis Fernando CORREA-VARGAS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 18, 1988.

Attorney(s) appearing for the Case

Joel B. Rudin, New York City (Mass & Rudin, Dana A. Roth, of counsel), for defendant-appellant.

David W. Shapiro, Brooklyn, N.Y., Asst. U.S. Atty. for E.D.N.Y. (Andrew J. Maloney, U.S. Atty. for E.D.N.Y., David C. James, Asst. U.S. Atty., of counsel), for appellee.

Before FEINBERG, Chief Judge, CARDAMONE and PRATT, Circuit Judges.

FEINBERG, Chief Judge:

Luis Fernando Correa-Vargas appeals from a sentence of Judge Sifton of the United States District Court for the Eastern District of New York, imposed upon him for violation of 21 U.S.C. § 843(b), which prohibits use of a communication facility in the commission of a drug offense. The judge imposed the statutory maximum of 48 months, well over the recommended range of imprisonment for this offense in the Sentencing Guidelines. The judge...

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