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U.S. v. VIZCAINO

No. 579, Docket 88-1302.

870 F.2d 52 (1989)

UNITED STATES of America, Appellee, v. Jorge VIZCAINO, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 6, 1989.

Attorney(s) appearing for the Case

Rene A. Sotorrio, Coral Gables, Fla., for appellant.

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

Abraham L. Clott, New York City, for amicus The Legal Aid Soc., Federal Defender Services Unit.

Before OAKES, Chief Judge, NEWMAN, Circuit Judge, and LEVAL, District Judge.

OAKES, Chief Judge:

Jorge Vizcaino appeals a sentence imposed by the United States District Court for the Eastern District of New York, Charles P. Sifton, Judge, applying the Sentencing Guidelines promulgated under the Sentencing Reform Act of 1984 ("the Act"), Pub.L. No. 98-473, 98 Stat. 2017 (codified as amended in scattered sections of titles 18 & 28 U.S.C.A.). Vizcaino, mounting what is essentially a facial challenge...

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