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U.S. v. FIGUEROA

Docket Nos. 10-2050-cr(L); 10-2051-cr(CON).

647 F.3d 466 (2011)

UNITED STATES of America, Appellee, v. Bayron David FIGUEROA, a.k.a. David Bayron Figueroa, Jonathan Acebedo-Garcia, Defendants-Appellants, Fabian Enrique Alvarado-Ayala, a.k.a Fabian Alvarado, Defendant.

United States Court of Appeals, Second Circuit.

Decided: May 26, 2011.

Attorney(s) appearing for the Case

Timothy Austin , Assistant Federal Public Defender (Molly Corbett, on the brief), for Alexander Bunin , Federal Public Defender for the Northern District of New York, Albany, NY, for Defendant-Appellant Bayron David Figueroa.

Brendan White , White & White, New York, NY, for Defendant-Appellant Jonathan Acebedo-Garcia.

Rajit S. Dosanjh , Assistant United States Attorney ( Daniel C. Gardner , Assistant United States Attorney, on the brief), for Richard S. Hartunian , United States Attorney for the Northern District of New York, Syracuse, NY, for Appellee United States of America.

Before: MINER, CABRANES, and STRAUB, Circuit Judges.

JOSE A. CABRANES, Circuit Judge:

The question presented is whether the District Court engaged in clearly erroneous fact-finding that led to a procedurally unreasonable sentence when it determined that the controlled substance referenced in the United States Sentencing Guidelines ("U.S.S.G.," "Sentencing Guidelines," or "Guidelines") that is most closely related to the mixture found in defendants' possession—which included N-Benzylpiperazine ("BZP") and trace...

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