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U.S. v. PENA

No. 02-3399.

339 F.3d 715 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Alexei Pena Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2003.

Order Denying Petition for Rehearing and for Rehearing Denied: September 12, 2003.

Attorney(s) appearing for the Case

Cenobio Lozano, Jr., argued, Harrisonville, MO, for appellant.

W. Brent Powell, argued, Asst. U.S. Atty., Kansas City, MO, for appellee.

Before BOWMAN, RILEY, and MELLOY, Circuit Judges.

Order Denying Petition for Rehearing and for Rehearing En Banc Denied: September 12, 2003.

MELLOY, Circuit Judge.

Defendant-Appellant Alexei Pena appeals the sentence imposed by the district court1 on the grounds that: (1) the district court improperly considered his nationality in determining his sentence, (2) the district court improperly applied an obstruction of justice enhancement, and (3) the defendant's conviction violated...

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