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U.S. v. AMEDEO

No. 03-11252.

370 F.3d 1305 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Damon AMEDEO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 28, 2004.

Attorney(s) appearing for the Case

Joseph Aaron Bondy, New York City, for Defendant-Appellant.

Bruce Reinhart, West Palm Beach, FL, Anne R. Schultz, U.S. Atty., Miami, FL, for Plaintiff-Appellee.

Before BLACK, BARKETT and STAHL,, Circuit Judges.

STAHL, Circuit Judge:

Defendant-appellant Damon Amedeo appeals from his sentence following a guilty plea to one count of distribution of cocaine to a person under twenty-one years of age, in violation of 21 U.S.C. § 859(a). We hold that the district court erred in upwardly departing from the Sentencing Guidelines, and remand for further sentencing proceedings.

I. BACKGROUND

A. Factual history

Evidence presented at the...

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