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U.S. v. ALBARRAN

No. 00-1719.

233 F.3d 972 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Diego ALBARRAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 30, 2000.

Attorney(s) appearing for the Case

Lisa Griffin (argued), Department of Justice, Chicago, IL, for plaintiff-appellee.

Richard R. Mottweiler, Catharine D. O'Daniel (argued), Chicago, IL, for defendant-appellant.

Before FLAUM, Chief Judge, and EASTERBROOK and WILLIAMS, Circuit Judges.

FLAUM, Chief Judge.

Diego Albarran was convicted of conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine. Albarran now appeals his conviction, arguing: (1) there was insufficient evidence to sustain his conviction for conspiracy to possess with intent to distribute cocaine; (2) the district court erred when it denied his request for a downward departure based upon diminished capacity at the time of the offense and...

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