U.S. v. RODRIGUEZ

No. 02-3679.

342 F.3d 296 (2003)

UNITED STATES of America, Appellee, v. Rafael RODRIGUEZ, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 4, 2003.


Attorney(s) appearing for the Case

Christopher J. Christie, United States Attorney, George S. Leone, Chief, Appeals Division, Ricardo Solano, Jr. (Argued), Assistant U.S. Attorney, Newark, NJ, for Appellee.

John H. Yauch (Argued), Lisa M. Mack, Federal Public Defender, Newark, NJ, for Appellant.

Before ALITO, FUENTES, and BECKER, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal by Rafael Rodriguez ("Rodriguez"), a "mule," who was convicted of drug importation from Panama pursuant to a plea agreement in which the Government agreed not to oppose a two level downward Sentencing Guidelines adjustment for minor role. Although the Probation Office recommended that Rodriguez be afforded the adjustment, the District Court declined to grant it to him reasoning that, while there...

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