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U.S. v. DIAS-RAMOS

No. 01-2378.

384 F.3d 1240 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Filaberto DIAS-RAMOS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 6, 2004.

Attorney(s) appearing for the Case

Michael A. Keefe, Assistant Federal Public Defender (Joseph W. Gandert, Assistant Federal Public Defender, on the briefs), Albuquerque, NM, for Defendant-Appellant.

James Miles Hanisee, Assistant U.S. Attorney (David C. Iglesias, United States Attorney, and Norman Cairns, Assistant U.S. Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before SEYMOUR and LUCERO, Circuit Judges, and CASSELL, District Judge.

SEYMOUR, Circuit Judge.

Filaberto Dias-Ramos pled guilty to possession with intent to distribute one kilogram and more of heroin, in violation of 21 U.S.C. § 841(a)(1). He appeals the district court's judgment and sentence, contending the court erroneously determined it lacked the authority to depart downward from the sentencing guidelines. We conclude we lack jurisdiction and dismiss the appeal.

I

Mr. Dias-Ramos consented to a police search...

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