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U.S. v. VALENCIA-ANDRADE

No. 95-50093.

72 F.3d 770 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael VALENCIA-ANDRADE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1995.

Attorney(s) appearing for the Case

Michael L. Crowley, San Diego, California, for defendant-appellant.

Mary A. Schneider, Assistant United States Attorney, San Diego, California, for plaintiff-appellee.

Before: ALDISERT, ALARCON, and RYMER, Circuit Judges.

ALARCON, Circuit Judge:

Rafael Andrade-Valencia1 appeals from the sentence imposed by the district court following his guilty plea to possession of methamphetamine with intent to distribute. The district court sentenced Andrade-Valencia to the statutory mandatory minimum term of imprisonment of 120 months. He seeks reversal on the ground that the district court erred in ruling that it lacked the authority to impose a sentence below the...

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