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U.S. v. REYES

No. 04-1063.

386 F.3d 332 (2004)

UNITED STATES of America, Appellee, v. Eddie REYES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 20, 2004.

Attorney(s) appearing for the Case

Edward C. Roy, Jr., with whom Office of the Federal Public Defender was on brief, for appellant.

Donald C. Lockhart, Assistant United States Attorney with whom Craig N. Moore, United States Attorney and Kenneth P. Madden, Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA, HOWARD, Circuit Judges, and DiCLERICO, U.S. District Judge.

PER CURIAM.

Eddie Reyes pleaded guilty to two counts of distributing heroin and one count of possessing heroin with intent to distribute. See 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B) & 841(b)(1)(C). He appeals the sentences imposed for his convictions, arguing that the district court improperly took into account in calculating his criminal history score a 1994 Massachusetts state court "continued without finding" ("CWOF") disposition of two state...

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