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U.S. v. VIZCAINO

No. 99-3033.

202 F.3d 345 (2000)

UNITED STATES of America, Appellee, v. Santos D. VIZCAINO, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 15, 2000.

Attorney(s) appearing for the Case

Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A. J. Kramer, Federal Public Defender.

Alex J. Bourelly, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Wilma A. Lewis, U.S. Attorney, and Darrell C. Valdez, John R. Fisher and Mary-Patrice Brown, Assistant U.S. Attorneys.

Before: SILBERMAN, WILLIAMS and TATEL, Circuit Judges.

TATEL, Circuit Judge:

Sentenced for possessing with intent to distribute both powder and crack cocaine, appellant argues that the district court erred by failing to recognize its authority to depart downward pursuant to section 5K2.0 of the United States Sentencing Guidelines on the ground that the crack affected his sentence so significantly as to take it outside of the Guidelines' "heartland." Because appellant failed to...

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