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U.S. v. GAMBINO

No. 197, Docket 96-1125.

106 F.3d 1105 (1997)

UNITED STATES of America, Appellee, v. Matteo GAMBINO; Giuseppe Troia, also known as Joe; Francesco Stabile, also known as Frank; Francesco Mussotto, also known as Franco, also known as Ciccio, and Salvatore Cortesiano, Defendants, Vincenzo Catalano, also known as Sal, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 11, 1997.

Attorney(s) appearing for the Case

Richard Jasper, New York City (James E. Neuman, New York City, of counsel), for Defendant-Appellant.

Thomas M. Finnegan, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney, Southern District of New York, Morris J. Panner, Guy Petrillo, Assistant United States Attorneys, New York City, of counsel), for Appellee.

Before: MINER, ALTIMARI, and PARKER, Circuit Judges.

PARKER, Circuit Judge:

Defendant Vincenzo Catalano appeals from an order entered in the United States District Court for the Southern District of New York (Harold Baer, Jr., Judge) sentencing him to sixty months imprisonment for his role in a conspiracy to distribute 100 grams or more of heroin, in violation of 21 U.S.C. § 846. Catalano contends that the district court erred in refusing to apply the so-called "safety valve" provisions of 18 U.S.C. §...

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