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U.S. v. AGU

No. 101, Docket 91-1193.

949 F.2d 63 (1991)

UNITED STATES of America, Appellee, v. Patrick AGU, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 14, 1991.

Attorney(s) appearing for the Case

Abraham L. Clott, Legal Aid Society, New York City, for defendant-appellant.

Jodi Levine Avergun, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., Linda B. Lakhdhir, Asst. U.S. Atty., on the brief), for appellee.

Before OAKES, Chief Judge, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal in a sentencing guidelines case challenges the rule that a motion by the Government is a prerequisite for a downward departure on the ground of cooperation with law enforcement in the investigation or prosecution of other persons. Patrick Agu appeals from the February 1, 1991, judgment of the District Court for the Eastern District of New York (Edward R. Korman, Judge) convicting him, on his plea of guilty, of importing heroin...

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