U.S. v. MESCAINE-PEREZ

No. 553, Docket 87-1401.

849 F.2d 53 (1988)

UNITED STATES of America, Appellee, v. Sixto MESCAINE-PEREZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 31, 1988.


Attorney(s) appearing for the Case

John Savarese, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Robert L. Plotz, Celia Goldwag Barenholtz, Asst. U.S. Attys., New York City, on the brief), for appellee.

Phylis Skloot Bamberger, New York City (The Legal Aid Soc. Federal Defender Services Unit, New York City, on the brief), for defendant-appellant.

Before TIMBERS, MESKILL and KEARSE, Circuit Judges.


KEARSE, Circuit Judge:

Defendant Sixto Mescaine-Perez ("Mescaine") appeals from an order of the United States District Court for the Southern District of New York, John E. Sprizzo, Judge, denying his motion for a reduction of his sentence pursuant to Fed.R.Crim.P. 35. Mescaine was convicted after a jury trial before Judge Sprizzo on one count of conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 (1982), and one count of distributing and...

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