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U.S. v. RODRIGUEZ

No. 94-1858.

63 F.3d 1159 (1995)

UNITED STATES of America, Appellee, v. Geraldo RODRIGUEZ, a/k/a Jose Rodriguez, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 28, 1995.

Attorney(s) appearing for the Case

Andrew Grosso, Washington, DC, for defendant, appellant.

Mervyn Hamburg, Senior Counsel, U.S. Dept. of Justice, Washington, DC, with whom Sheldon Whitehouse, U.S. Atty., Providence, RI, was on brief for the U.S.

Before SELYA, CYR and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

Geraldo Rodriguez seeks to set aside his conviction for conspiracy to distribute heroin, contending that he was not brought to trial within the 70 days prescribed by the Speedy Trial Act ("STA"), 18 U.S.C. §§ 3161 et seq., and that two evidentiary rulings at trial were in error. Rodriguez also appeals his sentence, contending that the district court engaged in impermissible "double counting" when it departed upward based on the...

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