United States v. Alberto J. Riera
Court of Appeals for the Second Circuit
1Opinion of the Court
SACK, Circuit Judge.
The defendant-appellant Alberto J. Ri-era appeals from the December 19, 2000 judgment of the United States District Court for the Southern District of New York (Richard Owen, Judge) following his guilty plea to eleven counts of wire fraud in violation of 18 U.S.C. § 1343 and sentencing him principally to concurrent terms of sixty months’ imprisonment on each count. Riera contends (1) that he must be resentenced because the district court’s four-level upward departure pursuant to § 5K2.0 of the United States Sentencing Guidelines (“U.S.S.G.” or the “Guidelines”) 1 was based…
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