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U.S. v. CRUZ

No. 97-1059.

156 F.3d 366 (1998)

UNITED STATES of America, Appellee, v. Raymond CRUZ, also known as Raymond Diaz, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 22, 1998.

Attorney(s) appearing for the Case

Clover M. Barrett, Brooklyn, NY, for Defendant-Appellant.

Alexander H. Shapiro, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty. for the Southern District of New York, Craig A. Stewart, Asst. U.S. Atty., New York City, of counsel), for Appellee.

Before: LEVAL and PARKER, Circuit Judges, and BAER, District Judge.

PARKER, Circuit Judge:

Raymond Cruz appeals from the judgment of the United States District Court for the Southern District of New York (Denise Cote, Judge) sentencing him, following a guilty plea, to 87 months imprisonment and imposing a special assessment of $50.00 for one count of possession of cocaine base with intent to distribute it in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(A). In calculating Cruz's offense level under the Sentencing...

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