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U.S. v. SERPA

No. 89-2463NE.

930 F.2d 639 (1991)

UNITED STATES of America, Appellee, v. Pedro SERPA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 16, 1991.

Attorney(s) appearing for the Case

Kirk E. Naylor, Jr., Lincoln, Neb., for appellant.

Bruce W. Gillan, Lincoln, Neb., for appellee.

Before ARNOLD and FAGG, Circuit Judges, and RE, Chief Judge.

PER CURIAM.

Pedro Serpa appeals the district court's order denying his 28 U.S.C. § 2255 motion for resentencing. We affirm.

After his conviction for conspiracy to possess with intent to distribute cocaine, Serpa convinced the district court to hold the sentencing guidelines unconstitutional. The district court then sentenced Serpa to fifteen years imprisonment. Following the Supreme Court's decision in Mistretta v. United States,

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