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U.S. v. REINA

No. 1203, Docket 90-1007.

905 F.2d 638 (1990)

UNITED STATES of America, Appellant, v. Wilfredo REINA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 4, 1990.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D.N.Y., New York City (Emily Berger, Michael Considine, Asst. U.S. Attys., of counsel), for appellant.

David A. Lewis, New York City (The Legal Aid Society, Federal Defender Services Appeals Unit, New York City), for defendant-appellee.

Before ALTIMARI, MAHONEY, Circuit Judges, and POLLACK, District Judge.

MILTON POLLACK, Senior District Judge:

The United States appeals from a judgment departing downward from the specified range in the sentencing guidelines. The United States contends that this departure from the guidelines was an abuse of discretion. We agree and reverse and remand for sentencing consistent with the guidelines.

I.

Wilfredo Reina twice sold narcotics to an undercover agent of the Drug Enforcement Administration. The third time he attempted...

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