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U.S. v. ORTIZ

No. 700, Docket 96-1827.

136 F.3d 882 (1997)

UNITED STATES of America, Appellee, v. Pedro ORTIZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 31, 1997.

Attorney(s) appearing for the Case

B. Alan Seidler, Nyack, New York, Defendant-Appellant.

Dolan Garrett, Assistant United States Attorney for the Eastern District of New York, Brooklyn, New York (Zachary W. Carter, United States Attorney, Susan Corkery, Assistant United States Attorney, of counsel), for Appellee.

Before: WINTER, Chief Judge, MESKILL, Circuit Judge, and POLLACK, District Judge.

PER CURIAM:

Pedro Ortiz appeals from a sentence of, inter alia, 120 months imprisonment, imposed by Judge Glasser after Ortiz pleaded guilty to conspiracy to distribute and possession with intent to distribute heroin, cocaine, and cocaine base in violation of 21 U.S.C. §§ 841(b)(1)(A) and 846. Ortiz argues that the district court erred in refusing to apply the so-called "safety valve" provisions of 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1...

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