U.S. v. POLANCO

No. 1457, Docket 93-1830.

29 F.3d 35 (1994)

UNITED STATES of America, Appellant, v. Jose Alberto POLANCO, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 12, 1994.


Attorney(s) appearing for the Case

Kenneth M. Karas, Asst. U.S. Atty., S.D. of New York, New York City (Mary Jo White, U.S. Atty. for the S.D. of New York, Maria A. Barton, Nelson W. Cunningham, Asst. U.S. Attys., S.D. of New York, of counsel), for appellant.

Heriberto A. Cabrera, New York City, for appellee.

Before LUMBARD, MESKILL and MINER, Circuit Judges.


MESKILL, Circuit Judge:

The United States (government) appeals from the judgment of the United States District Court for the Southern District of New York, Knapp, J., finding that the mandatory sixteen level sentence enhancement pursuant to United States Sentencing Guidelines (Guidelines) § 2L1.2(b)(2) was inapplicable to defendant-appellee and, instead, imposing a suspended sentence with probation following defendant-appellee's plea and conviction for...

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