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U.S. v. MARTINEZ-CORTEZ

No. 02-4141.

354 F.3d 830 (2004)

UNITED STATES of America, Appellant, v. Jerardo MARTINEZ-CORTEZ, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 13, 2004.

Rehearing and Rehearing Denied: March 1, 2004.

Attorney(s) appearing for the Case

Nathan P. Peterson, argued, AUSA, of Minneapolis, MN, for appellant.

Joseph Margulies, argued, Minneapolis, MN, for appellee.

Before MURPHY, LAY, and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied: March 1, 2004*.

FAGG, Circuit Judge.

Jerardo Martinez-Cortez pleaded guilty to conspiracy to distribute five hundred grams or more of methamphetamine in violation 21 U.S.C. §§ 846, 841(b)(1)(A). The presentence report (PSR) concluded Martinez-Cortez had four criminal history points based on two convictions in Minnesota state court. For leaving the scene of an accident, Martinez...

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