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U.S. v. MORALES

Docket No. 00-1284.

239 F.3d 113 (2000)

UNITED STATES of America, Appellee, v. Pedro MORALES, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided December 13, 2000.

Attorney(s) appearing for the Case

Paul J. Madden, Brooklyn, NY, on the brief, for defendant-appellant.

Greg D. Andres, Asst. U.S. Atty., Brooklyn, N.Y. (Loretta E. Lynch, U.S. Atty., Emily Berger, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for appellee.

Before: NEWMAN and KEARSE, Circuit Judges, and CHIN, District Judge.

JON O. NEWMAN, Circuit Judge.

This appeal requires us to determine whether a defendant's prior offense is "similar to" the minor offenses listed in section 4A1.2(c)(1) of the Sentencing Guidelines, in which event it does not affect his Criminal History Category nor contribute to rendering him ineligible for the so-called "safety valve" exception to mandatory minimum sentencing for certain narcotics offenses. The prior offense...

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