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U.S. v. RIOS-QUINTERO

No. 98-51084.

204 F.3d 214 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Obed RIOS-QUINTERO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 10, 2000.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Ellen A. Lockwood (argued), San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell, Fed. Pub. Defender, Henry Joseph Bemporad (argued), San Antonio, TX, for Defendant-Appellant.

Before REYNALDO G. GARZA, JOLLY and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Luis Obed Rios-Quintero appeals his federal criminal convictions on charges that he possessed heroin with the intent to distribute the drug in violation of 21 U.S.C. § 841(a)(1) and that he imported heroin in violation of 21 U.S.C. §§ 952(a) and 960(a)(1). On appeal, Rios-Quintero argues that his convictions must be vacated because the district court treated the relevant quantity of heroin as a sentencing factor, rather than an...

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