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U.S. v. RODRIGUEZ-LUNA

No. 90-1983.

937 F.2d 1208 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Angel RODRIGUEZ-LUNA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1991.

Attorney(s) appearing for the Case

Barbara F. Lazarus, Crim. Div., Barry R. Elden, Ross O. Silverman, Asst. U.S. Attys., Crim. Receiving, Appellate Div., Chicago, Ill., for plaintiff-appellee.

Deborah J. Stahl, Andrew M. John, Mandell & Ginsberg, Madison, Wis., for defendant-appellant.

Before BAUER, Chief Judge, CUMMINGS and POSNER, Circuit Judges.

CUMMINGS, Circuit Judge.

Defendant Angel Rodriguez-Luna pleaded guilty in October 1989 to one count of possessing one kilogram of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Had Rodriguez1 been sentenced on the basis of the one kilogram charged in the indictment, he would have received a maximum sentence of 9 years. Instead, the district judge found that Rodriguez had engaged in a course of conduct involving...

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