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U.S. v. RODRÍGUEZ

No. 02-1861.

327 F.3d 52 (2003)

UNITED STATES of America, Appellee, v. Carlos RODRÍGUEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 30, 2003.

Attorney(s) appearing for the Case

Peter B. Krupp, by appointment of the court, with whom Lurie & Krupp, LLP was on brief for appellant.

Denise Jefferson Casper, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

BOUDIN, Chief Judge.

The issue on this appeal is whether the district court's refusal to depart downward under the sentencing guidelines is reviewable. Carlos Rodriguez pled guilty on August 29, 2001, to possession of heroin with intent to distribute. 21 U.S.C. § 841(a)(1) (2000). In his plea agreement, he admitted making two sales, totaling 16.68 grams of heroin. Because Rodriguez had two prior convictions for drug offenses, he qualified as a career offender...

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