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U.S. v. MORILLO

No. 98-1826.

178 F.3d 18 (1999)

UNITED STATES, Appellee, v. Manuel MORILLO, a/k/a Alma, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 17, 1999.

Attorney(s) appearing for the Case

Lenore Glaser, by appointment of the Court, with whom Stern, Shapiro, Weissberg & Garin, was on brief, for appellant.

Patrick M. Hamilton, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief, for appellee.

Before STAHL, Circuit Judge, MAGILL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

MAGILL, Senior Circuit Judge.

Manuel Morillo pleaded guilty in federal court to eight counts of a ten count indictment charging him with various drug trafficking offenses. During sentencing, the district court counted a state court sentence, labeled a "continuance without a finding" (CWOF), as a prior sentence when calculating Morillo's criminal history category. As a result, Morillo was given a criminal history category of III which, in turn, rendered him ineligible...

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