United States v. Oscar David Garcia

LUMBARD, Circuit Judge:

The government appeals from the sentence imposed on defendant Oscar Garcia in the March 23, 1990 judgment of the District Court for the District of Connecticut, T.F. Gilroy Daly, Judge. Garcia had pleaded guilty to conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) (1988). Although under guidelines applicable to Garcia under the Sentencing Reform Act of 1984,18 U.S.C. § 3551 et seq. (1988), Garcia was subject to 51-63 months’ imprisonment, Judge Daly departed downward and imposed a sentence of 36 months’ imprisonment, a…