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U.S. v. AVELLO-ALVAREZ

Docket No. 05-0638-CR.

430 F.3d 543 (2005)

UNITED STATES of America, Appellee, v. Juan Jose AVELLO-ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 6, 2005.

Attorney(s) appearing for the Case

Jeremy F. Orden (Bernard V. Kleinman, of counsel), New York, NY, for Defendant-Appellant.

William F. Johnson, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, Robin L. Baker, Assistant United States Attorney, on the brief), New York, NY, for Appellee.

Before: SOTOMAYOR and KATZMANN, Circuit Judges, EATON, Judge.

SOTOMAYOR, Circuit Judge.

Defendant-appellant Juan Jose Avello-Alvarez ("appellant") was convicted on his plea of guilty to conspiring to possess with intent to distribute more than 100 grams of heroin in violation of 21 U.S.C. § 846. After considering the applicable guideline range of 63 to 78 months' imprisonment and sentencing factors pursuant to 18 U.S.C. § 3553(a), the United States District Court for the Southern District of New York (Swain, J.) imposed...

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