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U.S. v. GOMEZ-ROSARIO

No. 03-2719.

418 F.3d 90 (2005)

UNITED STATES, Appellee, v. Fernando GÓMEZ-ROSARIO, Appellant, Defendant.

United States Court of Appeals, First Circuit.

Decided August 12, 2005.

Attorney(s) appearing for the Case

Andrew Nathanson, with whom Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. was on brief, for appellant.

Germán A. Reickehoff, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief, for appellee.

Before LYNCH, Circuit Judge, BALDOCK, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

Following a jury trial, defendant Fernando Gómez-Rosario ("Gómez") was acquitted of conspiring to import heroin, see 21 U.S.C. §§ 952(a), 963, but convicted of conspiring to possess heroin, see 21 U.S.C. §§ 841(a)(1), 846. The district court subsequently sentenced the defendant under the mandatory guidelines to 121 months in prison and three years of supervised...

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