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U.S. v. JIMENEZ

Nos. 213, 309, Dockets 94-1464, -1468.

68 F.3d 49 (1995)

UNITED STATES of America, Appellee-Cross-Appellant, v. Luis JIMENEZ, also known as Bello, also known as Juan Diego; Carlos Enrique Perdomo; Jose Urena, also known as Jose Urena; Jose Miguel Rodriguez, also known as Caballo; Roman Santiago; Yvonne Burgos; Ines Urena; Gregoria Morel Bejaran, also known as Bernadina; Jose Ramon Montoya, also known as Montoya; Rafael Colon; LNU1-92CR0550-011, also known as Junior; LNU1-92CR0550-012, also known as Rubio; LNUI-92CR0550-014, also known as Pinguino, also known as Antonio, Daniel Urena; Usmare St. Hilare, also known as Lucito, Raymond Comas; Moises Cuevas; Aparacia Urena Soto, also known as Nana; Gloria Santos; Hippolito Collante, also known as Pollo; Idelisse Reyes; Agapito Velez, also known as Pete; Norberto Gomez, Defendants, Pedro Guzman, also known as LNU1-92CR0550-013, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 13, 1995.

Attorney(s) appearing for the Case

Harriet B. Rosen, New York City, for defendant-appellant-cross-appellee.

James A. Goldston, Assistant United States Attorney, Southern District of New York City (Mary Jo White, United States Attorney, Robert E. Rice, Alexandra Rebay, Assistant United States Attorneys, on the brief), for appellee-cross-appellant.

Before: WINTER, ALTIMARI and McLAUGHLIN, Circuit Judges.

ALTIMARI, Circuit Judge:

Defendant-appellant Pedro Guzman ("Guzman") appeals from a judgment of the United States District Court for the Southern District of New York (Schwartz, J.), convicting him, after a jury trial (before Conboy, J.), of conspiracy to distribute narcotics and sentencing him principally to 262 months' imprisonment. Guzman argues that 1) the Sentencing Guidelines' 100:1 crack to powder cocaine sentencing ratio is unconstitutional, 2) the case should...

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