U.S. v. ALAGA

No. 915, Docket 92-1548.

995 F.2d 380 (1993)

UNITED STATES of America, Appellee, v. Olusegun ALAGA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 14, 1993.


Attorney(s) appearing for the Case

Steve Zissou, Flushing, NY (Randall Unger, of counsel), for defendant-appellant.

Joseph R. Conway, Asst. U.S. Atty., E.D.N.Y. Brooklyn, NY (Mary Jo White, U.S. Atty., E.D.N.Y. Brooklyn, NY, and Susan Corkery, Asst. U.S. Atty., of counsel), for appellee.

Before: MESKILL, Chief Judge, FEINBERG and WINTER, Circuit Judges.


WINTER, Circuit Judge:

Olusegun Alaga appeals from his conviction for narcotics trafficking by a jury and from a sentence imposed by Judge Wexler. We hold that Alaga is not entitled to an adjustment of his base offense level because the quantity negotiated in a "reverse buy" may have been beyond his means. We therefore affirm.

BACKGROUND

The following evidence was presented to the jury. While Alaga was serving a prison term for an unrelated offense...

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