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U.S. v. ACOSTA

No. S1 93 Cr. 386(MEL).

846 F.Supp. 278 (1994)

UNITED STATES of America, v. Marcelo ACOSTA, Defendant.

United States District Court, S.D. New York.

February 25, 1994.

Attorney(s) appearing for the Case

Andrea L. Labov, Asst. U.S. Atty., New York City, for the U.S.

Leonard F. Joy, the Legal Aid Soc., New York City, for defendant.

OPINION

LASKER, District Judge.

The defendant has pleaded guilty to having attempted to rob, at gunpoint, a store owner of cash proceeds (18 U.S.C. §§ 1951 and 1952). The guideline range in the case is forty-one to fifty-one months and the Probation Department has recommended a custodial sentence of forty-five months.

The question is whether a downward departure, for the reasons mentioned below, is permissible, and, if so, appropriate....

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