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U.S. v. MADRIGAL

Docket No. 02-1475.

331 F.3d 258 (2003)

UNITED STATES of America, Appellant, v. Max Alejandro MADRIGAL; Carlos Estevez; William Soto; Omar Mieses; Julio Aybar; Robert Garcia, Defendants, Graciela Ortiz, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 5, 2003.

Attorney(s) appearing for the Case

Christine H. Chung (Bret R. Williams, on the brief), Assistant United States Attorneys, for James B. Comey, United States Attorney for the Southern District of New York, New York, N.Y., for Appellant.

Richard H. Rosenberg, New York, N.Y., for Defendant-Appellee.

Before: CALABRESI, F.I. PARKER, and SACK, Circuit Judges.

PER CURIAM.

On January 15, 1999, Graciela Ortiz was convicted of violations of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), & 846. The district court (McKenna, J.) sentenced Ortiz on June 14, 2000 to ninety-seven months' imprisonment. We subsequently vacated that sentence and remanded, holding that the district court had exceeded its authority under the Sentencing Guidelines when it applied a two-level downward departure on the ground that Ortiz's perjury...

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