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U.S. v. MARINO

No. 1567, Docket 93-1862.

29 F.3d 76 (1994)

UNITED STATES of America, Appellee, v. Martha MARINO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 8, 1994.

Attorney(s) appearing for the Case

David S. Zapp, Leonia, NJ; (Gerard E. Lynch, New York City, on the brief), for defendant-appellant.

Lisa M. Fleischman, Asst. U.S. Atty., Brooklyn, NY; (Zachary W. Carter, U.S. Atty., Susan Corkery, Asst. U.S. Atty., on the brief), for appellee.

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND and LEVAL, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This sentencing appeal primarily concerns the availability of a sentencing guideline adjustment for minor role in an offense. The precise issue is whether a defendant may receive a minor role adjustment by reason of more serious related crimes of others, where she was neither convicted of the more serious crimes nor were they used as relevant conduct to enhance her sentence under the Sentencing Guidelines. The issue arises on an appeal...

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