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U.S. v. COTTO

No. 38, Docket 92-1129.

979 F.2d 921 (1992)

UNITED STATES of America, Appellee, v. Carmen COTTO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 10, 1992.

Attorney(s) appearing for the Case

Terrence S. Ward, Asst. Federal Public Defender, New Haven, Conn. (Thomas G. Dennis, Federal Public Defender, on the brief), for defendant-appellant.

James I. Glasser, Asst. U.S. Atty., Bridgeport, Conn. (Albert S. Dabrowski, U.S. Atty., New Haven, Conn., on the brief), for appellee.

Before: FEINBERG, NEWMAN, and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal in a Sentencing Guidelines case concerns primarily the narrow issue whether a district judge, considering imposition of an enhancement because of a defendant's supervisory role, may forgo the three-level increase called for by U.S.S.G. § 3B1.1(b) and instead impose a two-level increase. The issue arises on an appeal by Carmen Cotto from the February 21, 1992, judgment of the...

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