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PENA v. U.S.

No. S8 96 CR. 402(PKL).

201 F.Supp.2d 231 (2002)

Roberto PENA Petitioner, v. UNITED STATES of America Respondent.

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

April 29, 2002.

Attorney(s) appearing for the Case

Yvonne M. Dutton, Assistant United States Attorney, Mary Jo White, United States Attorney, New York City, for U.S.

MEMORANDUM ORDER

LEISURE, District Judge.

BACKGROUND

On February 27, 1996, pursuant to a written plea agreement, Roberto Pena ("Pena") pled guilty to conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine and 100 grams or more of heroin, in violation of 21 U.S.C. §§ 812, 841(a)(1) and 841(b)(1)(B). See Pena Plea Agreement ("Plea Agr."), at 1. In consideration of Pena's plea, the Government...

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