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U.S. v. VALENCIA-GONZALES

No. 98-20144.

172 F.3d 344 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Hector VALENCIA-GONZALES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 1999.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder, Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Defender, Brent Evan Newton, Houston, TX, for Defendant-Appellant.

Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Valencia pled guilty to possession of a controlled substance with intent to distribute under 21 U.S.C. § 841(a)(1) and 841(b)(1)(A)(i) and importation of a controlled substance under 21 U.S.C. § 952(a) and § 960(a)(1) and (b)(1)(A). He challenges his sentence because he believed — and the government stipulated he believed — that he was carrying cocaine, when in fact he was carrying heroin, for which he received...

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