United States v. Juan Melendez

55 F.3d 130

UNITED STATES of America

v.

Juan MELENDEZ, Appellant.

No. 93-5755.

United States Court of Appeals,

Third Circuit.

Argued Feb. 16, 1995.

Decided May 22, 1995.

Sur Petition for Rehearing June 27, 1995.

Patrick A. Mullin (argued), Hackensack, NJ, for appellant.

Faith S. Hochberg, U.S. Atty., Victor Ashrafi (argued), Chief, Appeals Div., Newark, NJ, for appellee.

Before: STAPLETON and COWEN, Circuit Judges, and HUYETT, District Judge*.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

1

Juan Melendez appeals his sentence. The first issue presented concerns a district court's authority to depart downward…