No. 89-1912.

896 F.2d 642 (1990)

UNITED STATES, Appellee, v. Mario A. HERNANDEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 22, 1990.

Attorney(s) appearing for the Case

John F. Cicilline, Providence, R.I., for defendant, appellant.

Kenneth P. Madden, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief, for appellee.

Before BREYER, ALDRICH and CYR, Circuit Judges.

BREYER, Circuit Judge.

After Mario Hernandez pleaded guilty to drug-related crimes, 21 U.S.C. §§ 841(a)(1) & (b)(1)(B), the district court, departing from the United States Sentencing Guidelines, sentenced him to serve 80 months in prison, 2 months more than the top of the 63-78 month applicable Sentencing Guidelines range. Prior to Hernandez's sentencing, a probation officer completed a pre-sentence report...

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