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U.S. v. CERVANTES

No. 120, Docket 89-1002.

878 F.2d 50 (1989)

UNITED STATES of America, Appellee, v. Humberto CERVANTES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 14, 1989.

Attorney(s) appearing for the Case

Helen Coady, New York City (The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for defendant-appellant.

Emily Berger, Asst. U.S. Atty., New York City (Andrew J. Maloney, U.S. Atty. E.D.N.Y., Jacques Semmelman, Asst. U.S. Atty., of counsel), for appellee.

Before KAUFMAN, FEINBERG, and NEWMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

This case raises important issues regarding the procedure for departing upwards from the sentencing range set forth in the United States Sentencing Guidelines. We must determine what is required for a divergence based upon the defendant's prior criminal history. The record indicates that the district court did not adequately articulate the grounds for the enhanced sentence, failed to perform the mandatory § 4A1.3 analysis, and...

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