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U.S. v. MISHOE

Docket No. 00-1243.

241 F.3d 214 (2001)

UNITED STATES of America, Appellant, v. Michael MISHOE, Defendant-Appellee.

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

Decided February 23, 2001.

Attorney(s) appearing for the Case

Andrew L. Fish, Asst. U.S. Atty., New York, N.Y., (Mary Jo White, U.S. Atty., James J. Benjamin, Jr., Asst. U.S. Atty., on the brief), for appellant.

Tracy W. Young, Madison, N.J., (Lisa Scolari, New York, N.Y., on the brief), for defendant-appellee.

Before JON O. NEWMAN, CABRANES, and STRAUB, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal of a sentence by the Government presents the issue of whether, under the Sentencing Guidelines, a defendant's criminal history category may be reduced because the prior convictions on which the category was determined involved so-called "street-level" sales of narcotics. The United States appeals from the March 21, 2000, judgment of the United States District Court for the Southern District of New York (Shira A. Scheindlin...

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