U.S. v. PENA

No. 1634, Docket 93-1890.

33 F.3d 2 (1994)

UNITED STATES of America, Appellee, v. Eduardo PENA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 18, 1994.


Attorney(s) appearing for the Case

Steven M. Statsinger, New York City (Mark B. Gombiner, Legal Aid Society, of counsel), for defendant-appellant.

Jonathon M. Gerson, Asst. U.S. Atty., E.D.N.Y., Brooklyn, NY (Zachary W. Carter, U.S. Atty. E.D.N.Y., Peter A. Norling, Asst. U.S. Atty., of counsel), for appellee.

Before: WINTER and LEVAL, Circuit Judges, and BURNS, District Judge.


WINTER, Circuit Judge:

Eduardo Pena appeals from a sentence imposed by Judge Amon following a plea of guilty to postal robbery with a dangerous weapon, in violation of 18 U.S.C. § 2114 (1988). On appeal, Pena contends that the district court utilized the wrong criteria for determining his culpability for purposes of a downward adjustment for role in the offense.

On March 8, 1993, appellant Eduardo Pena and another man, Jose Diaz, walked into a post office...

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