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U.S. v. FLORES

No. 02-3380.

336 F.3d 760 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Mingo FLORES, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 18, 2003.

Rehearing and Rehearing Denied: August 25, 2003.

Attorney(s) appearing for the Case

John P. Messina, argued, Des Moines, IA, for appellant.

Michael M. Hobart, argued, Asst. U.S. Atty., Sioux City, IA (C.J. William, Asst. U.S. Atty., Cedar Rapids, IA, on the brief), for appellee.

Before LOKEN, Chief Judge, BRIGHT and MURPHY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: August 25, 2003.

MURPHY, Circuit Judge.

Mingo Flores pled guilty to possessing with intent to distribute approximately 391 grams of lysergic acid diethylamide (LSD), in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). The district court1 sentenced him to 235 months after departing upward from the sentencing guidelines. Flores appeals...

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