Court of Appeals for the Second Circuit December 1, 2003, Docket 03-1036 (United States v. Nelly Castellanos)

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JON 0. NEWMAN, Circuit J.

This sentencing appeal concerns the availability of an “aberrant behavior” departure under the Sentencing Guidelines, and, in particular, the pertinence of whether the defendant’s conduct was spontaneous. Nelly Castellanos appeals from a judgment of conviction entered in the District Court for the Southern District of New York (Michael B.