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U.S. v. HERNANDEZ

No. 98-3404.

187 F.3d 806 (1999)

UNITED STATES of America, Appellant, v. Jose T. HERNANDEZ, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 1999.

Attorney(s) appearing for the Case

William M. Cromwell, U.S. Attorney's Office, Fort Smith, AR, argued (P.K. Holmes, III, United States Attorney, on the brief), for Appellant.

Craig L. Henry, Texarkana, TX, argued, for Appellee.

Before: BEAM and HANSEN, Circuit Judges, and KOPF, District Judge.

HANSEN, Circuit Judge.

Jose T. Hernandez, Jr., pleaded guilty to possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1)(1994). The district court2 sentenced Hernandez to 40 months in prison pursuant to the United States Sentencing Guidelines. The government appeals Hernandez's sentence. We affirm.

On October 5, 1997, the Arkansas State Highway Patrol conducted a commercial vehicle safety inspection...

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