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U.S. v. MARTINEZ

No. 00-2900.

289 F.3d 1023 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Martin MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 13, 2002.

Rehearing and Suggestion for Rehearing Denied July 1, 2002.

Attorney(s) appearing for the Case

Ralph M. Friederich (argued), Randy G. Massey, Office of the U.S. Atty., Crim. Div., Fairview Heights, IL, for Plaintiff-Appellee.

Alexander M. Salerno (argued), Marc W. Martin, Chicago, IL, for Defendant-Appellant.

Before POSNER, KANNE, and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 1, 2002.

ILANA DIAMOND ROVNER, Circuit Judge.

Jose Martin Martinez pleaded guilty to one count of conspiring to possess marijuana with intent to distribute, 21 U.S.C. §§ 846, 841(a)(1), and one count of possessing marijuana with intent to distribute, id. § 841(a)(1). Although Martinez admitted to selling only 88.5 kilograms (203 pounds), the district court attributed to him a...

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