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U.S. v. GONZALEZ-ALVAREZ

No. 00-2180.

277 F.3d 73 (2002)

UNITED STATES, Plaintiff, Appellant, v. Victor R. GONZALEZ-ALVAREZ, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 17, 2002.

Attorney(s) appearing for the Case

Matthew M. Collette with whom David W. Ogden, Assistant Attorney General, Stuart E. Schiffer, Acting Assistant Attorney General, Guillermo Gil, U.S. Attorney, and Douglas N. Letter, Attorney, Appellate Staff Civil Division, Department of Justice, were on brief for appellant.

Carlos R. Noriega for appellee.

Before: BOUDIN, Chief Judge, KRAVITCH, Senior Circuit Judge, and LYNCH, Circuit Judge.

KRAVITCH, Senior Circuit Judge.

Victor Gonzalez-Alvarez, a Puerto Rican dairy farmer, pleaded guilty to conspiracy to adulterate milk, in violation of 18 U.S.C. § 371, and causing the delivery of adulterated food into interstate commerce, in violation of 21 U.S.C. §§ 331(a), 333(a)(2) and 18 U.S.C. § 2. This appeal by the government of the sentence imposed presents the questions of how loss is to be calculated under U.S.S.G. § 2F1.1(b)(1)...

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