BALDOCK, Circuit Judge.
Defendant Ervin Earl Rutter appeals from the sentence entered on his plea of guilty to distribution in excess of 500 grams of cocaine. 21 U.S.C. § 841(a)(1); 841(b)(1)(B)(ii). The maximum statutory penalty is a term of imprisonment of not less than five years nor more than forty years, a $2,000,000 fine, or both. Id. In the plea agreement, the parties stipulated that, pursuant to the Sentencing Guidelines, the defendant's base offense...
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