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U.S. v. GUERRERO-MARTINEZ

No. 00-2444.

240 F.3d 637 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Salvador GUERRERO-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 15, 2001.

Attorney(s) appearing for the Case

Virginia M. Kendall (argued), Office of the U.S. Attorney, Chicago, IL, for plaintiff-appellee.

Richard A. Canton (argued), New York, NY, for defendant-appellant.

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

ILANA DIAMOND ROVNER, Circuit Judge.

Salvador Guerrero-Martinez pled guilty to one count of possession with intent to distribute in excess of 100 kilograms of marijuana in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. On appeal, he maintains that the district court clearly erred when it sentenced him based on a greater quantity of marijuana than he actually purchased without also finding that this larger amount was part of jointly undertaken criminal...

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