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U.S. v. PONCE

No. 03-2426.

358 F.3d 466 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Moises PONCE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 2004.

Attorney(s) appearing for the Case

Gayle Littleton (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Pablo DeCastro (argued), Serpico, Novelle & Navigato, Chicago, IL, for Defendant-Appellant.

Before KANNE, ROVNER, and WILLIAMS, Circuit Judges.

KANNE, Circuit Judge.

Moises Ponce challenges the sentence he received after he pleaded guilty to conspiring to possess with intent to distribute marijuana in violation of 21 U.S.C. § 846. He contends that the district court should have found that he was eligible for the "safety valve" exception to the statutory minimum sentence of 120 months' imprisonment. See 18 U.S.C. § 3553(f); U.S.S.G. § 5C1.2. We affirm his sentence.

Ponce admits...

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