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U.S. v. GARCÍA-ORTIZ

No. 09-2325.

657 F.3d 25 (2011)

UNITED STATES of America, Appellee, v. José A. GARCÍA-ORTIZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 12, 2011.

Attorney(s) appearing for the Case

Rachel Brill on brief for appellant.

Rosa Emilia Rodríguez-Vélez , United States Attorney, Nelson Pérez-Sosa , Chief Appellate Division, and Thomas F. Klumper , Assistant United States Attorney, on brief for appellee.

Before BOUDIN, SELYA and LIPEZ, Circuit Judges.

SELYA, Circuit Judge.

Following resentencing, defendant-appellant José A. García-Ortiz challenges his conviction and sentence on one of three counts of conviction on the ground that the challenged conviction and sentence violate the Double Jeopardy Clause. He simultaneously challenges his sentence on another count as unreasonably high, castigating the district court for denying him a mitigating role adjustment. In...

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