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U.S. v. LOS SANTOS

Nos. 01-1058, 01-1068.

283 F.3d 422 (2002)

UNITED STATES of America, Appellant-Cross-Appellee, v. Juan Francisco LOS SANTOS, aka Jose Reyes, aka Carlos Reyes, aka Julio Mejia, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 5, 2002.

Attorney(s) appearing for the Case

Tina E. Sciocchetti, Assistant U.S. Attorney, Northern District of New York, Albany, N.Y., for Appellant.

Alexander Bunin, Federal Public Defender, Albany, N.Y.; Molly Corbett, on the brief, for Defendant-Appellee.

Before VAN GRAAFEILAND, WINTER, and SACK, Circuit Judges.

VAN GRAAFEILAND, Senior Circuit Judge.

In this case we are asked to decide whether the district court appropriately departed from the Sentencing Guidelines to account for a criminal defendant's loss of opportunity to serve concurrent sentences for both his federal and state crimes due to the government's delay in instituting prosecution.

BACKGROUND

In 1991, Juan Francisco Los Santos, a citizen of...

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