U.S. v. MALDONADO-MONTALVO

Nos. 02-1986, 02-2002.

356 F.3d 65 (2003)

UNITED STATES of America, Appellant, v. Jose MALDONADO-MONTALVO, Defendant, Appellee. United States of America, Appellant, v. Wilfredo Picon-Rivera, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 22, 2003.


Attorney(s) appearing for the Case

Robert D. McCallum, Jr., Assistant Attorney General, H.S. Garcia, United States Attorney, Douglas N. Letter, Attorney, Appellate Staff, and Matthew M. Collette, Attorney, Appellate Staff, on brief for appellant.

Raymond L. Sanchez Maceira, on brief for appellees.

Before LYNCH, Circuit Judge, CYR and STAHL, Senior Circuit Judges.


CYR, Senior Circuit Judge.

After appellants Jose Maldonado-Montalvo and Wilfredo Picon-Rivera were convicted of introducing adulterated milk into interstate commerce, the district court departed downward from their respective guideline sentencing ranges on the ground that much of the loss occasioned their victims was due to factors other than the wrongful conduct of the defendants.1 In sentencing Picon, the district court granted a further...

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