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U.S. v. SANTO

No. 99-1899.

225 F.3d 92 (2000)

UNITED STATES, Appellee, v. Jose SANTO a/k/a Federico, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 15, 2000.

Attorney(s) appearing for the Case

Jonathan R. Saxe with whom Twomey & Sisti Law Offices was on brief for appellant.

Michael J. Pelgro, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, James B. Farmer, Assistant United States Attorney, Chief, Criminal Division, Stephen P. Heymann, Assistant United States Attorney, Deputy Chief, Criminal Division, and Michael J. Pelgro, Assistant United States Attorney, were on brief for appellee.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and SCHWARZER, Senior District Judge.

CAMPBELL, Senior Circuit Judge.

Defendant-appellant Jose Santo pled guilty to drug conspiracy and other charges after being told—incorrectly, as it turned out—that he faced a statutory mandatory minimum sentence of only five years. Later, upon determining that Santo was responsible for more drugs than was initially contemplated, the district court sentenced him subject to the ten-year mandatory minimum applicable to the

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