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U.S. v. CRUZ

No. 95-1908.

120 F.3d 1 (1997)

UNITED STATES of America, Appellee, v. Ceferino CRUZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

July 28, 1997.

Attorney(s) appearing for the Case

Diana L. Maldonado, Federal Defender Office, Boston, MA, on brief, for appellant.

Donald K. Stern, United States Attorney, Carole S. Schwartz and Kevin P. McGrath, Assistant United States Attorneys, Boston, MA, on brief, for appellee.

Before SELYA, Acting Chief Judge, BOWNES, Senior Circuit Judge, BOUDIN, STAHL and LYNCH, Circuit Judges.

OPINION EN BANC

SELYA, Acting Chief Judge.

This appeal involves a solitary issue: the propriety vel non of the sentencing court's decision to enhance the defendant's offense level (and, therefore, increase the ensuing sentence) by reason of what the court deemed to be the defendant's aggravating role in the offense of conviction. See USSG § 3B1.1(c).

The appeal was originally argued to a...

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