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U.S. v. ORTIZ

Docket Nos. 99-1379, 99-1435

218 F.3d 107 (2000)

UNITED STATES of America, Appellee, v. Herman ORTIZ, John Doe # 1, aka Supreme, Termaine Ferguson, aka Tretch, William Hathaway, Lisa Hutchins, aka Julie, Julieanna Shea, aka Lisa, Defendants, Norman Bills, aka Stretch, and Khalif Shabazz, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: June 30, 2000.

Attorney(s) appearing for the Case

Paul S. Kulig, Rutland, VT, for defendant-appellant Khalif Shabazz.

Gary G. Shattuck, Assistant United States Attorney (Charles R. Tetzlaff, United States Attorney, David V. Kirby, Chief, Criminal Division), Rutland, VT, for appellee.

Before: SACK and McLAUGHLIN, Circuit Judges, and CEDARBAUM, District Judge.

PER CURIAM.

Khalif Shabazz appeals from a judgment of conviction of the United States District Court for the District of Vermont, J. Garvan Murtha, Chief Judge, entered upon Shabazz' plea of guilty to conspiracy to distribute crack cocaine in violation of 18 U.S.C. §§ 846 and 841(a)(1). The only issue before us is whether the district court erred in refusing to grant Shabazz a downward adjustment for acceptance of responsibility under the federal sentencing...

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