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U.S. v. JOYNER

Nos. 114, 222, Dockets 90-1171, 90-1224.

924 F.2d 454 (1991)

UNITED STATES of America, Appellee-Cross-Appellant, v. Leonard JOYNER, Defendant-Appellant-Cross-Appellee, José Valentin, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 24, 1991.

Attorney(s) appearing for the Case

Henry J. Steinglass, New York City, for defendant-appellant-cross-appellee.

Robert W. Ray, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., Helen Gredd, Asst. U.S. Atty., New York City, on the brief), for appellee-cross-appellant.

David B. Levitt, Legal Aid Soc., New York City, for defendant-appellee.

Before LUMBARD, NEWMAN and ALTIMARI, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This challenge to a criminal sentence raises two issues concerning the Sentencing Guidelines. The first, which recurs with some frequency, is whether the quantity of narcotics deemed relevant to the offense of conviction was properly calculated. The second, occurring less frequently but implicating fundamental aspects of the guideline system, is whether a downward departure may be made because of the disparity among sentences of co-defendants...

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