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U.S. v. PUELLO

No. 1086, Docket 93-1617.

21 F.3d 7 (1994)

UNITED STATES of America, Appellee, v. Felix Antonio PUELLO, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 28, 1994.

Attorney(s) appearing for the Case

Lawrence S. Feld, New York City (Tenzer, Greenblatt, Fallon & Kaplan, on the brief), for appellant Puello.

Susan Corkery, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., and Beth A. Wilkinson, Asst. U.S. Atty., on the brief), for appellee U.S.

Before: TIMBERS and McLAUGHLIN, Circuit Judges, and SPROUSE, Circuit Judge of the United States Court of Appeals for the Fourth Circuit, sitting by designation.

TIMBERS, Circuit Judge:

Appellant Puello appeals from a conviction entered upon his plea of guilty in the Eastern District of New York, Denis R. Hurley, District Judge.

The essential issues are (1) whether, in imposing a 21 month sentence, the court's upward departure from the fraud sentencing guideline created an unwarranted sentence disparity where there had been no upward departure in a similar case, and (2...

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