U.S. v. LOPEZ

No. 90-3020.

938 F.2d 1293 (1991)

UNITED STATES of America v. José LOPEZ, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1991.


Attorney(s) appearing for the Case

Stephen C. Leckar (appointed by this court), with whom G. Allen Dale, was on the brief, Washington, D.C., for appellant.

James A. Meade, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Asst. U.S. Atty., were on the briefs, Washington, D.C., for appellee. Philip S. Kushner, Asst. U.S. Atty., was also on the supplemental brief, Washington, D.C., for appellee.

A.J. Kramer, Federal Public Defender, Washington, D.C., was on the amicus curiae brief on behalf of appellant.

Stuart M. Gerson, Asst. Atty. Gen., Dept. of Justice, and John R. Steer, General Counsel, and Donald A. Purdy, Jr., Chief Deputy General Counsel, U.S. Sentencing Com'n, Washington, D.C., were on the amicus curiae brief for U.S. Sentencing Com'n.

Before BUCKLEY, WILLIAMS and THOMAS, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Appellant Clarence Morales, who was charged under the name of Jose Lopez, received a sentence of fifty-one months in prison and three years of supervised release after he pled guilty to conspiring to distribute cocaine. Morales challenges the district court's refusal to depart from the sentence prescribed by the Federal Sentencing Guidelines in consideration of his age and personal...

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