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Defendant-appellant Rafael Guzman appeals from a judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (Kram, J.), convicting him of conspiracy to possess with intent to unlawfully use five or more fraudulently obtained identification documents and sentencing him principally to a term of imprisonment of twenty-four months. In applying the United States Sentencing Guidelines (the "Guidelines"), the district court granted an upward departure in the sentence on the ground that the absence of a loss resulting from the offense did not adequately reflect the seriousness of the offense, and denied a downward adjustment for acceptance of responsibility due to Guzman's post-plea conduct. We affirm the denial of a downward adjustment for acceptance of responsibility but vacate the sentence and remand because of error in identifying the proper base offense level in computing the upward departure.


282 F.3d 177 (2002)

UNITED STATES of America, Appellee, v. Rafael GUZMAN, Defendant-Appellant.

Docket No. 00-1804.

United States Court of Appeals, Second Circuit.

Argued September 10, 2001.

Decided February 28, 2002.

New York Law School location: File #2985, Box 143