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U.S. v. LAZARRE

No. 91-5524.

14 F.3d 580 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Wilfrid LAZARRE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 22, 1994.

Attorney(s) appearing for the Case

Alison Marie Igoe Asst. Federal Public Defender, Miami, FL, for defendant-appellant.

Dexter W. Lehtinen, U.S. Atty., Daryl E. Trawick, Jeanne M. Mullenhoff, Linda Collins Hertz, Anne M. Hayes, Miami, FL, for plaintiff-appellee.

Before HATCHETT and EDMONDSON, Circuit Judges, and FRIEDMAN, Senior Circuit Judge.

PER CURIAM:

This case considers whether an assistant district director of the Immigration and Naturalization Service (INS) can be an official holding a "high level decision-making or sensitive position" under § 2C1.1(b)(2)(B) of the United States Sentencing Guidelines (USSG). We conclude that he can.

I. Facts and Background

Appellant Wilfrid Lazarre is a Haitian emigre and United States citizen. Until his arrest, he was an activist for...

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