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U.S. v. MONTOYA

No. 92-1830.

979 F.2d 136 (1992)

UNITED STATES of America, Appellee, v. Gilberto MONTOYA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 6, 1992.

Attorney(s) appearing for the Case

Steven M. Watson, Omaha, Neb., argued, for appellant.

Marie R. Leslie, Asst. U.S. Atty., Omaha, Neb., argued, for appellee.

Before FAGG, Circuit Judge, LAY, Senior Circuit Judge, and LARSON, Senior District Judge.

FAGG, Circuit Judge.

A jury convicted Gilberto Montoya of conspiracy to distribute cocaine and distribution of cocaine. See 21 U.S.C. §§ 846, 841(a)(1) (1988). The presentence report (PSR) recommended a base offense level of 34. This included four levels for Montoya's failed attempt to buy 4900 pounds of marijuana in a separate transaction. See U.S.S.G. § 1B1.3(a)(2) (Nov. 1990) (relevant conduct provision). The PSR also recommended a...

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