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U.S. v. GARCIA

No. 290, Docket 90-1274.

926 F.2d 125 (1991)

UNITED STATES of America, Appellant, v. Oscar David GARCIA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 8, 1991.

Attorney(s) appearing for the Case

Theodore B. Heinrich, Asst. U.S. Atty., Bridgeport, Conn. (Stanley A. Twardy, Jr., U.S. Atty., D. Connecticut, New Haven, Conn., of counsel), for appellant.

James J. Ruane, Bridgeport, Conn. (Meehan & Meehan, Bridgeport, Conn., of counsel), for defendant-appellee.

Before LUMBARD, KEARSE and McLAUGHLIN, Circuit Judges.

LUMBARD, Circuit Judge:

The government appeals from the sentence imposed on defendant Oscar Garcia in the March 23, 1990 judgment of the District Court for the District of Connecticut, T.F. Gilroy Daly, Judge. Garcia had pleaded guilty to conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) (1988). Although under guidelines applicable to Garcia under the Sentencing Reform Act of 1984, 18 U.S.C. § 3551...

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