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U.S. v. POLANCO

Nos. 94-2198, 94-2544.

53 F.3d 893 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Jose POLANCO, a/k/a Richard Anthony Brown, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Jose Alfredo POLANCO-CAMPAGNA, a/k/a Jose Alfredo Planco-Campagna, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1995.

Attorney(s) appearing for the Case

Virginia Villa, Minneapolis, MN, argued, for appellant.

Nathan Petterson, Asst. U.S. Atty., Minneapolis, MN, argued, for USA.

Leon Trawick, Minneapolis, MN, argued, for appellee in No. 94-2544.

Before MCMILLIAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and SHAW, District Judge.

JOHN R. GIBSON, Senior Circuit Judge.

Carlos Jose Polanco pleaded guilty to distributing 49.4 grams of cocaine base ("crack cocaine") in violation of 21 U.S.C. § 841(a)(1) (1988). His half-brother, Jose Alfredo Polanco-Campagna, pleaded guilty to aiding and abetting this distribution in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 (1988). The district court sentenced Carlos to the minimum mandatory sentence of 60 months imprisonment and five...

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