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U.S. v. YNFANTE

Nos. 95-3062, 95-3063.

78 F.3d 677 (1996)

UNITED STATES of America, Appellee, v. Francisco Alberto YNFANTE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 1996.

Attorney(s) appearing for the Case

M. Elizabeth Kent, appointed by the court, argued the cause and filed the briefs for appellant Francisco Alberto Ynfante. Mona Asiner, appointed by the court, was on the brief for appellant Wilfredo DeLeon.

John Crabb, Jr., Assistant United States Attorney, argued the cause for appellee, with whom Eric H. Holder, Jr., United States Attorney, John R. Fisher and John P. Dominguez, Assistant United States Attorneys, were on the brief.

Before: SILBERMAN, BUCKLEY and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Following a remand for resentencing, appellants Francisco Ynfante and Wilfredo DeLeon appeal from the district court's decision to reimpose the same sentences.1 Ynfante and DeLeon agreed to sell two ounces of crack to a police agent. When the buyer could not come up with enough money to make the purchase, the parties...

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