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U.S. v. HERNANDEZ

No. 1282, Docket 95-1604.

83 F.3d 582 (1996)

UNITED STATES of America, Appellee, v. Jillian HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 10, 1996.

Attorney(s) appearing for the Case

Michael E. Horowitz, Asst. U.S. Atty. for the Southern Dist. of New York, New York City (Mary Jo White, U.S. Atty., Suzanne Jaffe Bloom, John M. McEnany, Asst. U.S. Attys., of counsel), for appellee.

Thomas G. Roth, Fleming, Roth & Fettweis, Newark, NJ, for Defendant-Appellant.

Before OAKES, WINTER, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Jillian Hernandez is a former Special Agent of the Drug Enforcement Agency (DEA) who was convicted, following a six-day jury trial, for conspiring to embezzle DEA funds. She challenges the district court's finding that she attempted to obstruct justice. We deem the evidence insufficient to support the district court's conclusion that Hernandez attempted to obstruct justice. Accordingly, we vacate the sentence and remand for resentencing....

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