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U.S. v. VAZQUEZ-LEBRON

No. 08-3222.

582 F.3d 443 (2009)

UNITED STATES of America v. Elmer VAZQUEZ-LEBRON, Appellant.

United States Court of Appeals, Third Circuit.

Filed: October 2, 2009.

Attorney(s) appearing for the Case

Martin C. Carlson, United States Attorney, Christy H. Fawcett, Assistant U.S. Attorney, Harrisburg, PA, for Appellee.

James V. Wade, Federal Public Defender, Frederick W. Ulrich, Assistant Federal Public Defender, Harrisburg, PA, for Appellant.

Before: FUENTES, CHAGARES, TASHIMA, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

On July 16, 2008, Elmer Vazquez-Lebron ("Vazquez") was sentenced to 48 months' imprisonment for conspiracy to possess with intent to distribute 500 grams or more of cocaine hydrochloride, in violation of 21 U.S.C. § 846. Vazquez appeals, arguing that the District Court committed plain error by failing to give him the benefit of the downward departure that it granted in exchange for his substantial assistance in the prosecution...

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