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U.S. v. DIFEAUX

Docket No. 98-1042.

163 F.3d 725 (1998)

UNITED STATES of America, Appellee, v. Johnny DIFEAUX, also known as Johnny DeFoe, also known as Yoni, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 22, 1998.

Attorney(s) appearing for the Case

Jeffrey Cohn, New York City, for Defendant-Appellant.

Nicole A. LaBarbera, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney for the Southern District of New York, Alexandra A.E. Shapiro, Assistant United States Attorney, on the brief) for Appellee.

Before: KEARSE and POOLER, Circuit Judges, and POLLACK, District Judge.

POOLER, Circuit Judge:

Johnny Difeaux argues that the district court erred in imposing sentence on him by (1) finding that he was ineligible for relief pursuant to the sentencing guidelines' safety valve provision, U.S.S.G. § 5C1.2; (2) failing to construe a letter from a deputy United States marshal from a district other than the sentencing district as a motion for a downward departure pursuant to U.S.S.G. § 5K1.1; and (3) failing to give him a sentencing...

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