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U.S. v. KIM

No. 539, Docket 89-1221.

896 F.2d 678 (1990)

UNITED STATES of America, Appellee, v. Won Tae KIM, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 15, 1990.

Attorney(s) appearing for the Case

Colleen P. Cassidy, New York City (The Legal Aid Society, New York City, on the brief), for defendant-appellant.

Steven Abrams, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., Emily Berger, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for appellee.

Before LUMBARD, NEWMAN, and WINTER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal of a sentence poses procedural and substantive issues concerning the exercise of a district court's authority to impose a sentence above the range specified in the applicable sentencing guideline, i.e., to make an upward "departure." Won Tae Kim appeals from the May 12, 1989, judgment of the District Court for the Eastern District of New York (Thomas C. Platt, Jr., Chief Judge) convicting him on a plea of guilty of...

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