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U.S. v. PENA

Docket No. 13-1787.

751 F.3d 101 (2014)

UNITED STATES of America, Appellee, v. Oneil PENA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 7, 2014.

Attorney(s) appearing for the Case

Don D. Buchwald , Kelley Drye & Warren LLP, New York, NY, for Appellant.

Andrea L. Surratt ( Brent S. Wible , on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Before: JACOBS and POOLER, Circuit Judges, ROMÁN, District Judge.

PER CURIAM.

Oneil Pena was convicted of one count of conspiracy to distribute and possess with intent to distribute at least 500 grams of cocaine, in violation of 21 U.S.C. § 846. At sentencing, the district court applied a two-level enhancement to Pena's offense level for obstruction of justice, pursuant to U.S.S.G. § 3C1.1, based on written statements made in support of his motion to suppress. On appeal, Pena challenges the applicability of the enhancement...

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