Legal Opinion

United States v. Delvalle

District Court, E.D. New York

Decided July 11, 1997No. 95 CR 1120(JBW)PublishedCited by 4 opinions

1Opinion of the Court

Memorandum and Judgment

WEINSTEIN, Senior District Judge:

Defendant was arrested in mid-November 1995 at John F. Kennedy International Airport for attempting to assist in the retrieval of five suitcases containing 79.8 kilograms of cocaine. He pled guilty to conspiracy to possess with intent to distribute cocaine in violation of sections 841(b)(1)(B) and 846 of title 21 of the United States Code. A substantial downward departure is required for reasons set out below.

I. Facts

The second eldest of five siblings, defendant, now 31 years old, was born in East Rutherford, New Jersey. He lived there…

2Cases cited22 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. United States v. Alex Wong, Roger Kwok, Chen I. Chung, Tung Tran, Danny Ngo, Brian Chan, Joseph Wang, Chiang T. Cheng, and Steven NgCourt of Appeals for the Second Circuit · 1994
  3. United States v. Cynthia JohnsonCourt of Appeals for the Second Circuit · 1992
  4. United States of America, Cross-Appellant v. Irma Pena, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1991
  5. United States v. Domingo RexachCourt of Appeals for the Second Circuit · 1990

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3Cited by4 opinions

  1. United States v. RibotDistrict Court, D. Massachusetts · 1999
  2. United States v. GamezDistrict Court, E.D. New York · 1998
  3. United States v. VolpeDistrict Court, E.D. New York · 1999
  4. United States v. IaconettiDistrict Court, D. Massachusetts · 1999

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