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U.S. v. TRINIDAD DE LA ROSA

No. 90-1765.

916 F.2d 27 (1990)

UNITED STATES of America, Appellee, v. Bartolo TRINIDAD DE LA ROSA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 5, 1990.

Attorney(s) appearing for the Case

Frederic Chardon Dubos, Carolina, P.R., for defendant, appellant.

Ernesto Hernandez-Milan, Asst. U.S. Atty., Hato Rey, P.R., with whom Daniel F. Lopez Romo, U.S. Atty., was on brief, for appellee.

Before TORRUELLA and CYR, Circuit Judges, and BOWNES, Senior Circuit Judge.

BOWNES, Senior Circuit Judge.

This sentencing appeal presents two issues: whether the district court erred in finding that defendant-appellant Bartolo Trinidad De La Rosa was not entitled to a three-level reduction for falling between a minimal and minor participant in the crime to which he pled guilty; and whether the district court erred in departing upward from the applicable guideline sentencing range. For the reasons that follow we find that the district court...

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