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U.S. v. LEGARDA

No. 93-1448.

17 F.3d 496 (1994)

UNITED STATES, Appellee, v. Ever Miguel LEGARDA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 3, 1994.

Attorney(s) appearing for the Case

Dominick J. Porco, Scarsdale, NY, with whom Martin L. Schmukler, New York City, was on brief, for appellant.

Margaret E. Curran, Assistant United States Attorney, with whom Edwin J. Gale, United States Attorney, and Gerard B. Sullivan, Assistant United States Attorney, Providence, RI, were on brief, for appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

In this drug appeal, defendant Ever Miguel Legarda challenges: 1) trial rulings made by the district court which excluded certain testimony on hearsay grounds; 2) the court's computation of the relevant amount of cocaine for sentencing purposes; and 3) the court's upward departure from the Guidelines. Finding no reversible error, we affirm.

I.

FACTUAL BACKGROUND AND PRIOR PROCEEDINGS

In July of 1992,...

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