U.S. v. ROMAN-ZARATE

No. 96-6067.

115 F.3d 778 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos San ROMAN-ZARATE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 9, 1997.


Attorney(s) appearing for the Case

Jack Fisher, Edmond, OK, for Defendant-Appellant.

M. Jay Farber, Assistant U.S. Attorney (Patrick M. Ryan, United States Attorney, and Kim Kakish, Assistant U.S. Attorney, on the briefs), Oklahoma City, OK, for Plaintiff-Appellee.

Before PORFILIO, LUCERO and MURPHY, Circuit Judges.


JOHN C. PORFILIO, Circuit Judge.

Defendant Carlos Roman-Zarate appeals his sixty-month sentence imposed following a plea of guilty to unlawful possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). Mr. Zarate challenges the district court's sentencing calculation, arguing the court improperly considered a post-arrest admission in determining his base offense level and erroneously applied the mandatory minimum sentence. We affirm...

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