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U.S. v. SALGADO-MOLINA

No. 1033, Docket 91-1644.

967 F.2d 27 (1992)

UNITED STATES of America, Appellee, v. Gustavo SALGADO-MOLINA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 29, 1992.

Attorney(s) appearing for the Case

Marjorie M. Smith, Federal Defender Services Appeals Unit, New York City, for defendant-appellant.

Mark O. Wasserman, Asst. U.S. Atty., (Andrew J. Maloney, U.S. Atty., Peter A. Norling, Asst. U.S. Atty., E.D.N.Y., of counsel), for appellee.

Before: PIERCE and ALTIMARI, Circuit Judges, and KEENAN, District Judge.

PER CURIAM:

The issue presented on this appeal is whether the Sentencing Guidelines require that the weight of an unusable portion of a mixture, which makes the drugs uningestible and unmarketable, be included in the overall weight calculation for sentencing purposes. In United States v. Acosta, 963 F.2d 551 (2d Cir.1992), we held that "it was improper to include the weight of the creme...

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