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U.S. v. MORALES

No. 91-3074.

994 F.2d 386 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Raul MORALES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 25, 1993.

Rehearing Denied June 18, 1993.

Attorney(s) appearing for the Case

Barry R. Elden, Asst. U.S. Atty., Haywood E. McDuffie (argued), Office of the United States Attorney, Chicago, IL, for plaintiff-appellee.

Mary E. Gentile (argued), Chicago, IL, for defendant-appellant.

Before POSNER and RIPPLE, Circuit Judges, and TIMBERS, Senior Circuit Judge.

POSNER, Circuit Judge.

Raul Morales pleaded guilty to conspiracy to distribute, and possession with intent to distribute, cocaine and was sentenced to 109 months in prison. His appeal challenges the judge's decision to enhance his offense level by two points, from 28 to 30, which, given Morales' criminal history, had the effect of raising the guideline range from 78-97 months to 97-121 months; the judge gave him the midpoint of the range. The ground for the enhancement...

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