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U.S. v. CASTANEDA-VILLA

No. 03-1289.

345 F.3d 668 (2003)

UNITED STATES of America, Appellee v. Jose Alfonso Castaneda-Villa, also known as David Robert Escarpita, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 30, 2003.

Attorney(s) appearing for the Case

James E. Mitchell, argued, Omaha, NE, for appellant.

Kimberly C. Bunjer, Asst. U.S. Atty., Omaha, NE, for appellee.

Before RILEY, HANSEN, and SMITH, Circuit Judges.

PER CURIAM.

Jose Alfonso Castaneda-Villa (Castaneda) pleaded guilty to conspiring to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine and 5 kilograms or more of a mixture containing cocaine, in violation of 21 U.S.C. § 846. At sentencing, Castaneda contended that the recent revision to U.S.S.G. § 2D1.1(a)(3) was unclear, and urged the district court

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