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U.S. v. RESTREPO

No. 700, Docket 92-1417.

986 F.2d 1462 (1993)

UNITED STATES of America, Appellee, v. Carlos RESTREPO; Jorge Orrego; Carlos Andrade; Jose Rincon; Aquilera Martinez; Alexander Lara; Moises Gomez; Omar Ospima, and Ana Ruiz, Defendants, Jose Rivera, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 18, 1993.

Attorney(s) appearing for the Case

Larry Silverman, New York City, for defendant-appellant.

David James, New York City, Asst. U.S. Atty. E.D.N.Y. (Andrew J. Maloney, U.S. Atty.), for appellee.

Before: PRATT, MAHONEY, Circuit Judges, and DANIEL M. FRIEDMAN, Circuit Judge, of the United States Court of Appeals for the Federal Circuit, sitting by designation.

OPINION AND ORDER ON REARGUMENT

Defendant Jose Rivera pled guilty on the third day of his trial to four counts of the superseding indictment, and was sentenced on each of the four counts concurrently to 168 months. He appealed that judgment contending (1) that the district court should have permitted him to withdraw his plea of guilty and (2) that the district court erred in applying various provisions of the sentencing guidelines to his situation. By summary order...

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