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U.S. v. MARTINEZ

Docket No. 08-3454-cr.

572 F.3d 82 (2009)

UNITED STATES, Appellee, v. Martin P. MARTINEZ, also known as Martin Ortega, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 13, 2009.

Attorney(s) appearing for the Case

Amie N. Ely (Lev L. Dassin, Acting United States Attorney for the Southern District of New York, on the brief, Andrew L. Fish, Assistant United States Attorney, of counsel), Office of the United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Edward S. Zas, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Appellant.

Before: MINER, CABRANES, and HALL, Circuit Judges.

PER CURIAM:

Defendant-appellant Martin P. Martinez was convicted in 2001, following a plea of guilty, of one count of conspiracy to distribute and possess with intent to distribute cocaine and cocaine base (also known as "crack"), in violation of 21 U.S.C. § 846. As part of his plea agreement, Martinez stipulated that he was a career offender under § 4B1.1 of the Sentencing Guidelines (the "Guidelines"), and that...

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