U.S. v. LIRIANO-BLANCO

Docket No. 06-2919-cr.

510 F.3d 168 (2007)

UNITED STATES of America, Appellee, v. Ariel LIRIANO-BLANCO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 11, 2007.


Attorney(s) appearing for the Case

Craig M. Crist, Dreyer Boyajian LLP, Albany, NY, for Defendant-Appellant.

Brenda K. Sannes, Assistant United States Attorney (Edward P. Grogan, Assistant United States Attorney, of counsel), for Glenn T. Suddaby, United States Attorney for the Northern District of New York, Syracuse, NY, for Appellee.

Before: WALKER, CALABRESI, and SACK, Circuit Judges.


SACK, Circuit Judge:

On its face, this appeal raises the question of the authority of a district court to sentence a defendant below the range provided by the United States Sentencing Guidelines (the "Guidelines") when so-called "fast-track" downward departures are not available in the district. We cannot, however, reach the substance of this issue, because, we conclude, the waiver of appeal included in the plea agreement of the defendant, Ariel Liriano-Blanco, is...

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