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U.S. v. MUNOZ-REALPE

No. 92-4039.

21 F.3d 375 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Jose Domingo MUNOZ-REALPE, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 5, 1994.

Attorney(s) appearing for the Case

Raymond A. Pierson, Harriett Galvin, Dawn Bowen, Linda Collins Hertz, Asst. U.S. Attys., Miami, FL, for appellant.

Laurence S. Katz, Coconut Grove, FL, Mark King Leban, Miami, FL, for appellee.

Before ANDERSON and EDMONDSON, Circuit Judges, and DYER, Senior Circuit Judge.

ANDERSON, Circuit Judge:

Jose Munoz-Realpe pleaded guilty to importation of cocaine, in violation of 21 U.S.C. § 952(a), and was sentenced to 36 months imprisonment, to be followed by five years supervised release.1 On appeal, the United States raises three issues, challenging the sentence imposed on Munoz-Realpe: (1) that the district court erred by sentencing Munoz-Realpe under the penalty provisions for cocaine hydrochloride rather...

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