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U.S. v. DUARTE

No. 91-1203.

950 F.2d 1255 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Bienvenido DUARTE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 10, 1991.

Attorney(s) appearing for the Case

Stephen J. Liccione, Asst. U.S. Atty. (argued), Milwaukee, Wis., for plaintiff-appellee.

Thomas L. Shriner, Jr., Jeffrey N. Costakos (argued), Foley & Lardner, Milwaukee, Wis., for defendant-appellant.

Before WOOD, Jr., FLAUM and RIPPLE, Circuit Judges.

FLAUM, Circuit Judge.

A jury convicted Bienvenido Duarte of one count of conspiracy to distribute over one kilogram of cocaine, and one count of possession with the intent to distribute over one kilogram of cocaine. The district court, pursuant to the Sentencing Guidelines, sentenced him to two concurrent 180 month terms of imprisonment. Here, Duarte appeals both his conviction and sentence. We affirm his conviction, but vacate his sentence and remand for resentencing...

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