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U.S. v. RUBIO

No. 01-16451.

317 F.3d 1240 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Osvaldo RUBIO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 7, 2003.

Attorney(s) appearing for the Case

Roland Augustine Hermida, Tampa, FL, for Defendant-Appellant.

Susan Humes Raab, Peggy Morris Ronca, Jacksonville, FL, Tamra Phipps, Susan Hollis Rothstein-Youakim, Yvette Rhodes, Tampa, FL, for Plaintiff-Appellee.

Before TJOFLAT and BLACK, Circuit Judges, and NANGLE, District Judge.

NANGLE, District Judge:

Defendant Rubio challenges his convictions and 327-month sentences for conspiracy to possess with intent to distribute, and possession with intent to distribute, approximately 1000 grams of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. Specifically, he claims that the district court erred by: (1) finding that driving under the influence causing serious bodily harm is a crime of violence; (2) refusing to grant an adjustment...

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