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U.S. v. BORREGO

Docket No. 03-1473.

388 F.3d 66 (2004)

UNITED STATES of America, Appellee, v. Walter BORREGO; Dina Maldonado; Juan Jose Bouret; Miguel Anders Pena; Lydia Colon; Angel Luis Font, Defendants, Juan Figuerate, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 29, 2004.

Attorney(s) appearing for the Case

Robin W. Morey, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, Mark A. Racanelli, Assistant United States Attorney, on the brief), New York, NY, for Appellee.

Catherine M. Foti & Andrew M. St. Laurent (Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C.), New York, NY, for Defendant-Appellant.

Before: LEVAL, CABRANES, and WALLACE, Circuit Judges.

LEVAL, Circuit Judge.

Juan Figuerate appeals from the judgment of the United States District Court for the Southern District of New York (Victor Marrero, J.), rendered on July 31, 2003, sentencing him primarily to 240 months incarceration. Figuerate pleaded guilty to conspiracy to distribute more than one kilogram of heroin. The district court granted Figuerate a downward departure pursuant to § 5K1.1 of the United States Sentencing Guidelines ("U.S.S...

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