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U.S. v. BURGOS

No. 00-13779.

276 F.3d 1284 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Adriana Maria BURGOS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 21, 2001.

Attorney(s) appearing for the Case

Richard F. Della Fera, Entin & Margules, Ft. Lauderdale, FL, for Defendant-Appellant.

Kathleen M. Salyer, Anne R. Schultz, Harriet Galvin, Asst. U.S. Atty., Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT and DUBINA, Circuit Judges, and SHAPIRO, District Judge.

TJOFLAT, Circuit Judge:

In this criminal case, the question presented is whether the sentencing guidelines authorize a sentencer to penalize the defendant for refusing to cooperate with the government in a criminal investigation unrelated to the offense for which the defendant is to be sentenced. The answer is no.1 We therefore vacate the defendant's sentence and remand the case for resentencing.

I.

In June 1999, the...

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