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U.S. v. FERNANDEZ-DILONE

No. 87 Cr. 105 (DNE).

668 F.Supp. 245 (1987)

UNITED STATES of America v. Jose Natalio FERNANDEZ-DILONE, Aquilino Hernandez, a/k/a "Tony," and Santos E. Collado, Defendants.

United States District Court, S.D. New York.

August 21, 1987.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty. for S.D. N.Y. (Peter B. Sobol, Annmarie Levins, Asst. U.S. Attys., of counsel), for U.S.

John James Dockrey, New York City, for defendant Jose Natalio Fernandez-Dilone.

Caesar D. Cirigliano, The Legal Aid Soc., Federal Defenders Services Unit, New York City (Kevin Nathaniel Fox, Helen Cody, of counsel), for defendant Aquilino Hernandez.

Bobbi C. Sternheim, New York City, for defendant Santos E. Collado.

OPINION AND ORDER

EDELSTEIN, District Judge:

On March 23, 1987, defendant Jose Natalio Fernandez-Dilone ("Fernandez") pleaded guilty to one count of distribution of cocaine and possession of cocaine with intent to distribute, 21 U.S.C. section 841. Fernandez has moved1 for an order holding that the October 27, 1986 amendment of the sentencing provisions of 21 U.S.C. section 841(b)(1)(B) is inapplicable to the sentence to be imposed...

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