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U.S. v. BATISTA DE LA CRUZ

No. 05-5554.

460 F.3d 466 (2006)

UNITED STATES of America v. Fernando BATISTA DE LA CRUZ, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 18, 2006.

Attorney(s) appearing for the Case

Micol L. Morgan, Esq. (Argued), Ogletree, Deakins, Nash, Smoak & Stewart, Charlotte Amalie, St. Thomas, USVI, for Appellant.

Major Coleman, Esq. (Argued), Office of the United States Attorney, Charlotte Amalie, St. Thomas, USVI, for Appellee.

Before FISHER, COWEN and ROTH, Circuit Judges.

COWEN, Circuit Judge.

Fernando Batista De La Cruz challenges the district court's two-level upward adjustment of his sentence on the ground that he employed "special skills" in operating a fishing boat from Puerto Rico to St. Thomas, Virgin Islands to pick up and transport cocaine. We will reverse and remand for resentencing.

I.

On November 18, 2001, Batista De La Cruz borrowed a twenty-foot powerboat from a friend to go from Puerto Rico to St. Thomas...

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