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101 F.3d 1393

Docket No. 95-1721.

United States v. Alzate

Second Circuit Court of Appeals

July 25, 1996.

Second Circuit Court of Appeals · decided 1996-07-25

Applies 18 U.S.C. § 3553

Relies on Park Avenue Bank Na v. Tc Ziraat Bankasi

Good law ✅— No negative treatment on recordhow we know

Decided 1996-07-25

How this case has been cited

Cited by 18 later decisions — most recently August 2015

2 federal appellate · 2 district ·

70199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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NOTICE: THIS SUMMARY ORDER MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED TO THE ATTENTION OF THE COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23.

¶1

Jerald Levine, Jackson Heights, New York, for Appellant.

¶2

Roland G. Riopelle, Assistant United States Attorney, Southern District of New York, New York City, for Appellee.

¶3

Present: WINTER, LEVAL, Circuit Judges, THOMPSON, District Judge.*

¶4

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York and was submitted.

¶5

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby affirmed.

¶6

Gladys Loaiza DeVilla appeals from a sentence imposed by Judge Haight following a plea of guilty. Judge Haight sentenced DeVilla to 60 months' imprisonment, followed by four years of supervised release. On March 12, 1996, he reduced DeVilla's prison term to 57 months based on new evidence that entitled her to an 18 U.S.C. § 3553(f) "safety valve" sentence based on imprisonment at level 25 of the Sentencing Guidelines. On March 21, 1996, Judge Haight granted the joint request by DeVilla's counsel and the government to reduce her sentence to 46 months, the bottom of the range for level 23 of the Sentencing Guidelines.

¶7

DeVilla challenges the district court's sentence on two grounds: (i) in its December 21, 1995 sentence, the district court erred in not applying the "safety valve" provision to Devilla under 18 U.S.C. § 3553(f), and (ii) the district court erred in not adjusting DeVilla's offense level downward for her alleged minimal role in the offense.

¶8

DeVilla's first argument is moot because, after her brief was filed, the fact that the district court reduced her sentence under the "safety valve" provision of 18 U.S.C. § 3553(f).

¶9

We reject DeVilla's second claim--that she should have received a lower offense level because she played a minimal role--for substantially the reasons stated by the district court. United States v. Loaiza DeVilla, 1995 WL 747796, No. 94 Cr. 73 (S.D.N.Y. Dec. 18, 1995).

¶10

We therefore affirm.

*

The Honorable Alvin W. Thompson, United States District Judge for the District of Connecticut, sitting by designation

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