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U.S. v. MAGALLANEZ

No. 04-8021.

408 F.3d 672 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Pete MAGALLANEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 17, 2005.

Attorney(s) appearing for the Case

Daniel G. Blythe, Cheyenne, WY, for Defendant-Appellant.

Kelly H. Rankin, Assistant United States Attorney, (Matthew H. Mead, United States Attorney, with her on the brief) Casper, WY, for Plaintiff-Appellee.

Before LUCERO, MURPHY, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

This case presents yet another factual variation in the stream of Booker-related cases coming to this Court on plain error review. The defendant, Pete Magallanez, was convicted by a jury for conspiracy to possess with intent to distribute, and to distribute, methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1). On special interrogatory, the jury attributed 50-500 grams of methamphetamine to him. At sentencing, however...

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