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U.S. v. LARA

Nos. 116, 32, 33, 247, 248, 249, Dockets 93-1750, 93-1773, 93-1780, 93-1794, 93-1795, 93-1837.

47 F.3d 60 (1995)

UNITED STATES of America, Appellee-Cross-Appellant, v. Pedro LARA and Ramon Burgos, Defendants-Appellants-Cross-Appellees, Anibal Abad, Defendant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 2, 1995.

Attorney(s) appearing for the Case

Gerard E. Lynch, New York City (Steven R. Peikin, Howard, Darby & Levin, on the brief), for defendant-appellant-cross-appellee Lara.

Martin G. Fogelson, New York City, for defendant-cross-appellee Abad.

James C. Neville, New York City, submitted a brief for defendant-appellant-cross-appellee Burgos.

Michael S. Sommer, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., Paul G. Gardephe, Asst. U.S. Atty., on the brief), for appellee-cross-appellant.

Before: NEWMAN, Chief Judge, ALTIMARI and LEVAL, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal and cross-appeal in a narcotics case concerns primarily a novel and narrow issue arising under the Sentencing Guidelines. The issue is whether a sentencing judge may depart downward from the applicable guideline range because the aggregate quantity of narcotics attributable to the defendant, assessed in light of the time period during which the quantity was distributed and the small quantities distributed at any one time, overstates...

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