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U.S. v. RIVERA

No. 98-1160.

164 F.3d 130 (1999)

UNITED STATES of America, Appellee, v. William RIVERA, aka Chan, aka Choukie; Miguel Nieves, aka Charlie, aka Mike, Defendants, Christopher Guilfuchi, aka Shorty, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 11, 1999.

Attorney(s) appearing for the Case

Mary Mulligan, Assistant U.S. Attorney for the Southern District of New York (Mary Jo White, United States Attorney, Alexandra A.E. Shapiro, Assistant U.S. Attorney, of counsel), for Appellee.

Sam A. Schmidt, New York, NY, for Defendant-Appellant.

Before: VAN GRAAFEILAND, CARDAMONE and CABRANES, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Christopher Guilfuchi appeals from a judgment of conviction entered on April 7, 1998 in the United States District Court for the Southern District of New York (Kram, J.) following his guilty plea to possession of less than one gram of cocaine base in violation of 21 U.S.C. § 844. The plea was entered pursuant to an agreement with the Government in which the sentencing guideline range for Guilfuchi's offense was calculated correctly...

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