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U.S. v. ENCARNACION

No. 00-1450.

239 F.3d 395 (2001)

UNITED STATES, Appellee, v. Ernesto Jose ENCARNACION a/k/a Victor Melo, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 15, 2001.

Attorney(s) appearing for the Case

Raymond L. Sanchez Maceira on brief for appellant.

Thomas F. Klumper, Assistant United States Attorney, with whom Nelson Perez-Sosa, Assistant United States Attorney, Jorge E. Vega-Pacheco, Assistant United States Attorney, and Guillermo Gil, United States Attorney, were on brief, for appellee.

Before Boudin, Stahl, and Lynch, Circuit Judges.

STAHL, Circuit Judge.

Ernesto Jose Encarnacion appeals a district court order denying his motion under Fed.R.Crim.P. 5(a) to dismiss his indictment for the government's alleged failure to bring him before a magistrate judge "without unnecessary delay." He also appeals his sentence, claiming that the district court should have departed from the Sentencing Guidelines based on the facts of his case. We affirm.

I. Background

On January 24, 1999, Encarnacion...

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