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U.S. v. MUNIZ

No. 1163, Docket 94-1470.

60 F.3d 65 (1995)

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

United States Court of Appeals, Second Circuit.

Decided June 29, 1995.

Attorney(s) appearing for the Case

Colleen P. Cassidy, New York City (The Legal Aid Soc., Federal Defender Div. Appeals Bureau, on the brief), for defendant-appellant.

John M. McEnany, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty. S.D.N.Y., New York City, on the brief, Alexandra Rebay, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before: LUMBARD, KEARSE, and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

Jose Muniz appeals his conviction after jury trial for possessing heroin with intent to distribute; he argues that the evidence was insufficient as a matter of law and that the court improperly admitted empty glassine envelopes pursuant to Rule 404(b). Muniz also appeals his sentence on a firearms charge to which he pleaded guilty, claiming that United States Sentencing Guidelines § 4B1.4, which determines...

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