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U.S. v. MING HE

No. 544, Docket 95-1331.

94 F.3d 782 (1996)

UNITED STATES of America, Appellee, v. MING HE, also known as Tony Jai, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 3, 1996.

Attorney(s) appearing for the Case

Susan R. Necheles, New York City (Goldman & Hafetz, New York, New York, of counsel), for Defendant-Appellant.

Margaret Giordano, Assistant United States Attorney, Brooklyn, New York (Zachary W. Carter, United States Attorney, David C. James, Leslie R. Caldwell, Assistant United States Attorneys, Eastern District of New York, Brooklyn, New York, of counsel), for Appellee.

Before CARDAMONE and CALABRESI, Circuit Judges and NICKERSON, District Judge.

CARDAMONE, Circuit Judge:

Ming He (defendant or appellant) appeals from a June 8, 1995 judgment filed in the United States District Court for the Eastern District of New York (Raggi, J.) that imposed a five year prison sentence on him. Defendant, who had entered into a cooperation agreement with the government, asserts that, when fixing his sentence, the trial court relied on impermissible factors, derived from his debriefing by the prosecution. Because his counsel...

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