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U.S. v. PELAYO-MUNOZ

No. 89-2194.

905 F.2d 1429 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Luis PELAYO-MUNOZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 15, 1990.

Attorney(s) appearing for the Case

Mario A. Esparza, Las Cruces, N.M., for defendant-appellant.

Mary Higgins, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Robert J. Gorence, Asst. U.S. Atty., on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, LOGAN and ANDERSON, Circuit Judges.

LOGAN, Circuit Judge.

Defendant Luis Pelayo-Munoz appeals from a sentence imposed following his plea of guilty to one count of possession with intent to distribute more than fifty kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). He asserts that the district court erred in failing to reduce his base offense level under the Sentencing Guidelines because of his status as a minor participant in the criminal activity

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