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U.S. v. ZUBER

No. 939, Docket 96-1493.

118 F.3d 101 (1997)

UNITED STATES of America, Appellee, v. Eric ZUBER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 1, 1997.

Attorney(s) appearing for the Case

Paul J. Van De Graaf, Assistant United States Attorney (Charles R. Tetzlaff, United States Attorney for the District of Vermont, David V. Kirby, Chief, Criminal Division, United States Attorney's Office, Burlington, VT), for Appellee.

E.M. Allen (Steeler & Allen, Burlington, VT), for Defendant-Appellant.

Before: CARDAMONE, JACOBS and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

The defendant, Eric Zuber, appeals from a sentence imposed by the United States District Court for the District of Vermont (J. Garvan Murtha, Chief Judge), following the defendant's plea of guilty to one count of cocaine distribution. The defendant urges that the court violated his due process rights by deferring to the recommendation of the United States Marshals Service that the defendant should appear at his sentencing...

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