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U.S. v. Montez-Gaviria, No. 97-1682 (2nd Cir.) (163 F.3d 697) (December 14, 1998) (Judge Guido Calabresi)

Case held that a district court has the authority to grant a downward departure on the basis of uncredited time served by the defendant in State custody while on an INS detainer.

Here the Court noted that: "The U.S. Attorney's Office for the Southern District of New York began agreeing ...

 

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