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U.S. v. PIRRE

No. 785, Docket 90-1370.

927 F.2d 694 (1991)

UNITED STATES of America, Appellee, v. Steven PIRRE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 5, 1991.

Attorney(s) appearing for the Case

Colleen P. Cassidy, New York City, Legal Aid Soc., Federal Defender Services Appeals Unit, for defendant-appellant.

Jonathan D. Polkes, Brooklyn, Asst. U.S. Atty. (Andrew J. Maloney, U.S. Atty., Susan Corkery, Asst. U.S. Atty., of counsel), E.D.N.Y., for appellee.

Before KEARSE, PRATT, and McLAUGHLIN, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Stephen Pirre appeals from a sentence imposed by the United States District Court for the Eastern District of New York, I. Leo Glasser, Judge, after he pled guilty to importing cocaine in violation of 21 U.S.C. § 963. He contends that because the government did not actually weigh all 15 packages of the cocaine seized, but merely estimated the weight from a sample of two of them, and because the government had destroyed five...

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