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U.S. v. MARIN-CASTANEDA

No. 97-5252.

134 F.3d 551 (1998)

UNITED STATES of America, v. Gabriel Jesus MARIN-CASTANEDA, Gabriel Jesus Marin Castaneda, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 22, 1998.

Attorney(s) appearing for the Case

Tonianne J. Bongiovanni, Office of Federal Public Defender, Newark, NJ, for Appellant.

Kevin McNulty, Office of United States Attorney, Newark, NJ, for Appellee.

Before: SCIRICA and LEWIS, Circuit Judges, and POLLAK, District Judge.

Submitted Under Third Circuit LAR 34.1(a) November 21, 1997.

OPINION OF THE COURT

LEWIS, Circuit Judge.

Gabriel Jesus Marin-Castaneda, a Colombian national, appeals the sentence imposed after he pleaded guilty to importing 1,227 grams of heroin into the United States from Colombia. Marin-Castaneda argues that the district court erred when it decided that it did not have the authority to depart from the applicable sentencing range based on the following...

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