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U.S. v. BARRERO

Docket No. 03-1280.

425 F.3d 154 (2005)

UNITED STATES of America, Appellee, v. Carlos J. BARRERO, a.k.a. "CJ", Franklin Romero; Nelson Ospina, a.k.a. "Payasito", a.k.a. "Willer Rodriguez", Maribel Cortes, a.k.a. "Mrs. Mary", Jorge Tejada, a.k.a. "Charlie Za", Juan Santos, a.k.a. "Santos Juan", Pompilio A. Lopez, Daniel Ospina, Carlos Paredes, a.k.a. "El Pibe", a.k.a. "El Negro", Defendants, Hector B. Ramirez, a.k.a. "Ungaro", a.k.a. "Ramirez Hector", Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 27, 2005.

Attorney(s) appearing for the Case

Michael O'Brien, Syosset, NY, for appellant.

Roberto Finzi, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, John M. Hillebrecht, Assistant United States Attorney, of counsel), New York, NY, for appellee.

Before: SACK, KATZMANN and B.D. PARKER, Circuit Judges.

SACK, Circuit Judge.

The defendant-appellant, Hector B. Ramirez, pleaded guilty in the United States District Court for the Southern District of New York to one count of conspiracy to distribute five or more kilograms of mixtures and substances containing a detectable amount of cocaine in violation of 21 U.S.C. §§ 812, 841 & 846. At sentencing, the court (Lawrence M. McKenna, Judge) determined that Ramirez had two criminal history points under...

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