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U.S. v. HERRERA

Docket No. 05-1454 CR.

446 F.3d 283 (2006)

UNITED STATES of America, Appellee, v. Carlos HERRERA, Nicholas Ibarra, Jaime Chavez, Gregorio Barraza, Danny Barraza, Defendants, Jose L. Barraza, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 2, 2006.

Attorney(s) appearing for the Case

Sanford Talkin, Talkin, Muccigrosso & Roberts, New York, NY, for Defendant-Appellant.

Michael J. Garcia, United States Attorney for the Southern District of New York (Anirudh Bansal, John Hillerbrecht, Assistant United States Attorneys, of counsel), for Appellee.

Before: WALKER, Chief Judge, LEVAL, SOTOMAYOR, Circuit Judges.

LEVAL, Circuit Judge.

Defendant Jose Luis Barraza appeals from a sentence imposed by the United States District Court for the Southern District of New York (Gerard E. Lynch, J.) after Barraza pleaded guilty to conspiring to distribute, and possess with intent to distribute, more than five kilograms of powder cocaine in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(A) and 846. The district court imposed a sentence primarily of 168 months incarceration...

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