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U.S. v. BERZON

No. 90-2080.

941 F.2d 8 (1991)

UNITED STATES of America, Appellee, v. Robert Alan BERZON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 5, 1991.

Attorney(s) appearing for the Case

Jack I. Zalkind, with whom Neil F. Faigel and Ellen Y. Suni were on brief, for appellant.

Margaret D. McGaughey, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., and Nicholas M. Gess, Asst. U.S. Atty., were on brief, for the U.S.

Before CAMPBELL, Circuit Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.

CAMPBELL, Circuit Judge.

Defendant-appellant Robert A. Berzon appeals from his Guidelines sentence of thirty-six months imprisonment for narcotics offenses. Berzon contends that the sentence, and specifically an upward adjustment under U.S.S.G. § 3B1.1(c)1 was improperly predicated upon information regarding his role in the offense which was not presented to him or his attorney and which he had no opportunity to rebut. This information...

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