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U.S. v. VASQUEZ-RUBIO

No. 01-3938.

296 F.3d 726 (2002)

UNITED STATES of America, Appellant, v. Noel VASQUEZ-RUBIO, also known as Primo, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2002.

As Amended on Denial of Rehearing: August 19, 2002.

Attorney(s) appearing for the Case

Robert L. Teig, Asst. U.S. Atty., argued, Cedar Rapids, IA (Peter E. Deegan, Jr., Asst. U.S. Atty., on the brief), for appellant.

William L. Binkard, argued, South Sioux City, NE, for appellee.

Before MORRIS SHEPPARD ARNOLD, HEANEY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Noel Vasquez-Rubio (Vasquez) pled guilty to the charge of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(b)(1)(A), 846, and the parties stipulated in the plea agreement that Vasquez was accountable for over 15 kilograms of methamphetamine. At sentencing the district court found that Vasquez had played an aggravating role in the offense and imposed a two level sentencing enhancement under USSG § 3B1.1...

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