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U.S. v. Giraldo, No. 94-1713(L), No. 872 (2nd Cir.) (80 F.3d 667) (March 25, 1996) (Judge Amalya Lyle Kearse)

This case shows clearly the difference between a conviction under 18 U.S.C. § 924(c) and a sentence enhancement under U.S.S.G. § 2D1.1(b)(1). First, relying on the Bailey case, the court reversed the convictions of two defendants under 18 U.S.C. § 924(c), because they were merely passengers in a car and ...

 

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