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U.S. v. FRANCIS

No. 98 CR. 606(RPP).

129 F.Supp.2d 612 (2001)

UNITED STATES of America v. Elvin FRANCIS, Defendant.

United States District Court, S.D. New York.

January 25, 2001.

Attorney(s) appearing for the Case

Mary Jo White, United States Attorney for the Southern District of New York City by Jay K. Musoff, Asst. U.S. Atty., for U.S.

Paul J. Madden, Brooklyn, NY, for Elvin Francis.

OPINION

ROBERT P. PATTERSON, Jr., District Judge.

Background

The issue before this Court is the sentence of Defendant Elvin Francis. Defendant was arrested on June 9, 1998 and charged with illegal reentry in violation of 8 U.S.C. § 1326. After an initial plea of not guilty, Defendant plead guilty on October 26, 1998 to the charged offense without a plea agreement. The Presentence Investigation Report, dated July 27, 1999 ("PSR"), calculates...

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