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U.S. v. GUTIERREZ-HERRERA

No. 01-3660.

293 F.3d 373 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos GUTIERREZ-HERRERA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 4, 2002.

Attorney(s) appearing for the Case

John C. Kocoras (argued), Office of the United States Attorney, Criminal Div., Chicago, IL, for Plaintiff-Appellee.

Timothy R. Roellig (argued), Serpico, Novelle & Navigato, Chicago, IL, for Defendant-Appellant.

Before CUDAHY, RIPPLE, and ROVNER, Circuit Judges.

RIPPLE, Circuit Judge.

Carlos Gutierrez-Herrera ("Gutierrez") pleaded guilty pursuant to a written plea agreement to one count of conspiracy to distribute cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). At sentencing the district court found that four kilograms of cocaine were attributable to Mr. Gutierrez and sentenced him to 57 months' imprisonment. Mr. Gutierrez appeals and argues that it was error to attribute to him more than two kilograms...

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