U.S. v. RODRIGUEZ

No. 88 Cr. 117 (PNL).

724 F.Supp. 1118 (1989)

UNITED STATES of America v. Jose RODRIGUEZ, Defendant.

United States District Court, S.D. New York.

October 27, 1989.


Attorney(s) appearing for the Case

Otto Obermaier, U.S. Atty., S.D.N.Y., New York City, and Robert Cramer, Asst. U.S. Atty., for U.S.

Maurice Sercarz, New York City, for defendant.


OPINION AND ORDER

LEVAL, District Judge.

The sentencing of Jose Rodriguez raises the question of the court's right to depart from the sentences specified in the Guidelines promulgated by the United States Sentencing Commission. Rodriguez was found guilty after trial of violating the narcotics laws by selling two vials of crack for ten dollars.

The purchaser appeared to be an addict, but turned out to be an undercover police officer. At trial the...

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