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U.S. v. GASTON

No. 341, Docket 95-1185.

68 F.3d 1466 (1995)

UNITED STATES of America, Appellee, v. Daniel GASTON, Defendant, Luz Montanez, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 13, 1995.

Attorney(s) appearing for the Case

Mel A. Sachs, New York City, for Defendant-Appellant.

Y. Hui Chen, Assistant United States Attorney, Brooklyn, NY (Zachary W. Carter, United States Attorney, E.D., New York, David C. James, Assistant United States Attorney, Brooklyn, NY, of counsel), for Appellee.

Before: WINTER, JACOBS, and LEVAL, Circuit Judges.

PER CURIAM:

Luz Montanez appeals from a sentence of 78 months imprisonment followed by five years supervised release, and a $50 special assessment. Judge Amon entered this sentence on March 23, 1995 after Montanez pleaded guilty to one count of conspiring to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1).

Montanez appeals from her sentence on two grounds. First, she challenges the court's failure to grant a four-point...

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