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U.S. v. ESQUIVIAS

No. 04-2362.

416 F.3d 696 (2005)

UNITED STATES of America, Appellee, v. Hector ESQUIVIAS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 1, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Clemens A. Erdahl of Cedar Rapids, Iowa.

Counsel who presented argument on behalf of the appellee was Daniel C. Tvedt, Assistant U.S. Attorney, of Cedar Rapids, Iowa.

Before BYE, HANSEN, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Hector Esquivias ("Esquivias") was arrested inside a hotel in Cedar Rapids, Iowa, after a search of his pockets uncovered a key that led to a room in which police found more than 50 grams of crack cocaine. Pursuant to Fed.R.Crim.P. 11, Esquivias entered a conditional guilty plea to possession with intent to distribute more than 50 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(A). The district court

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