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U.S. v. VERGARA

No. 90 CR. 44(CSH).

62 F.Supp.2d 1108 (1999)

UNITED STATES of America v. Emiro VERGARA, Defendant.

United States District Court, S.D. New York.

August 5, 1999.

Attorney(s) appearing for the Case

John E. Auchincloss, U.S. Atty. Office, White Plains, NY, for U.S.

Martin G. Fogelson, New York City, Alexander Eisemann, Goldman & Hafetz, New York City, Alexander E. Eisemann, New York City, for Emiro Vergara.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

Defendant Emiro Vergara, awaiting sentence following a plea of guilty to a narcotics charge, moves the Court for an order compelling the government to make a motion on Vergara's behalf pursuant to § 5K1.1 of the United States Sentencing Guidelines ("USSG") and 18 U.S.C. § 3553(e), thereby empowering the Court to make a downward departure from the USSG range and to disregard a mandatory...

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