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U.S. v. MENDOZA-FIGUEROA

No. 93-2867.

65 F.3d 691 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Maria MENDOZA-FIGUEROA, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 7, 1995.

Attorney(s) appearing for the Case

James Kelley of Lincoln, NE, argued, for appellant.

David S. Kris, Dept. of Justice, Washington, DC, argued (Janice Lipovsky, Asst. U.S. Atty., Lincoln, NE, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, McMILLIAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges, en banc.

LOKEN, Circuit Judge.

After Jose Maria Mendoza-Figueroa pleaded guilty to conspiracy to distribute marijuana, the district court1 sentenced him as a career offender under U.S.S.G. § 4B1.1 because of his two prior drug convictions. Mendoza-Figueroa appealed the resulting 236-month sentence. A divided panel of this circuit reversed, agreeing with United States v. Price,

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