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U.S. v. MARTINEZ

No. 99-1285.

207 F.3d 133 (2000)

UNITED STATES of America, Appellant, v. Jose Alfredo MARTINEZ, Defendant-Appellee, Leonel Martinez, Orsi Tineo, also known as Cristobal Del Valle, and Francisco Valdez, Defendants.

United States Court of Appeals, Second Circuit.

Decided: March 21, 2000.

Attorney(s) appearing for the Case

David C. Esseks, Assistant United States Attorney, New York, N.Y. (Mary Jo White, United States Attorney for the Southern District of New York, Christine H. Chung, Assistant United States Attorney, New York, N.Y., of counsel), for Appellant United States of America.

Joseph A. Bondy, New York, N.Y., for Defendant-Appellee Jose Alfredo Martinez.

Before: WINTER, Chief Judge, JACOBS and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

The government appeals the May 3, 1999 judgment of the United States District Court for the Southern District of New York (Harold Baer, Jr., Judge), resentencing defendant-appellee Jose Alfredo Martinez ("Martinez") to 94 months' incarceration,1 following remand by another panel of this Court. The government contends that the district court erred in departing from...

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