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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46868 Judge Scheindlin IN 1991, defendant pleaded guilty after an airport search of defendant’s duffel bag uncovered a gift-wrapped package containing 20 pounds of marijuana. The instant court had to conclude whether, in the absence of plea minutes and a presentence report, there are any records it may consider to determine the conduct to which the defendant pleaded guilty, where the scope of that conduct is disputed. The government sought a longer sentence for defendant, who also pleaded guilty in 2003 to illegal re-entry into the United States after deportation. The court refused the government’s request for a longer sentence, ruling that a sentencing judge cannot fully explore the facts underlying a defendant’s prior conviction. The court noted that the government was asking it to “review unreviewable documents and make inferences based on allegations contained in those documents, without any admission by the defendant or a jury verdict.”

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