U.S. v. ATEHORTVA

No. 1485, Docket 94-1537.

69 F.3d 679 (1995)

UNITED STATES of America, Appellee, v. Julian M. ATEHORTVA, Defendant, Alejandro Correa, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 1, 1995.


Attorney(s) appearing for the Case

Christine E. Yaris, New York City for Defendant-Appellant Alejandro Correa.

Eugene Cerruti, Special Assistant United States Attorney, Brooklyn, NY (Zachary W. Carter, United States Attorney for the Eastern District of New York, Geoffrey S. Mearns, Assistant United States Attorney), for Appellee.

Before ALTIMARI, MAHONEY, and WALKER, Circuit Judges.


WALKER, Circuit Judge:

Defendant-appellant Alejandro Correa appeals from the sentence imposed on him by the United States District Court for the Eastern District of New York (Raymond J. Dearie, District Judge) following remand for resentencing after we vacated two of the three counts of conviction against him. In resentencing Correa, the district court departed upward on the remaining count. Correa challenges this upward departure as based on grounds that were...

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