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U.S. v. CABALLERO

No. 04-2407.

420 F.3d 819 (2005)

UNITED STATES of America, Appellee, v. Arturo CABALLERO, also known as El Charro, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2005.

Attorney(s) appearing for the Case

Tricia A. Tenpenny, Cedar Rapids, Iowa, for appellant.

Michael S. Oliver, Assistant U.S. Attorney, Kansas City, Missouri (Todd P. Graves, on the brief), for appellee.

Before MURPHY, BYE, and SMITH Circuit Judges.

SMITH, Circuit Judge.

Arturo Caballero was convicted by a jury of one count of conspiracy to distribute a mixture or substance containing a detectable amount of methamphetamine in an amount of 500 grams or more in violation of 21 U.S.C. §§ 841(a)(1)(A) and 846. The district court1 adopted the recommendations in the Presentence Investigation Report (PSR) which calculated his total offense level at 42. Caballero was sentenced to...

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