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U.S. v. MONTOYA

No. 91-1537.

967 F.2d 1 (1992)

UNITED STATES of America, Appellee, v. Edgar MONTOYA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 8, 1992.

Rehearing Denied July 20, 1992.

Attorney(s) appearing for the Case

J. Michael McGuinness, with whom McGuinness & Parlagreco, North Reading, Mass., was on brief for defendant, appellant.

F. Mark Terison, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., Portland, Me., was on brief for appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and CYR, Circuit Judge.

CYR, Circuit Judge.

Edgar Montoya pled guilty to one count of possessing cocaine, with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). On appeal, Montoya attempts to challenge the constitutionality and reliability of the district court's application of the "relevant conduct" guideline, see U.S.S.G. § 1B1.3,1 which resulted in a determination that Montoya was responsible for 1,270.5 grams of cocaine...

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