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U.S. v. MAY

No. 02-2039.

343 F.3d 1 (2003)

UNITED STATES of America, Appellee, v. Barry S. MAY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 4, 2003.

Attorney(s) appearing for the Case

Thomas L. Goodwin, with whom Strike, Goodwin & O'Brien was on brief, for appellant.

Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

Defendant Barry S. May was charged with two conspiracy counts: involvement in a conspiracy to distribute cocaine and involvement in a conspiracy to distribute marijuana. May pled guilty to the marijuana count and as part of his plea agreement the cocaine count was dismissed. Now May appeals, arguing that the district court erroneously augmented his sentence when it found (1) a kilogram of cocaine attributable to May, (2) his co-conspirator...

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