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U.S. v. GARCIA

No. 04-3350.

417 F.3d 836 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Joab J. GARCIA, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 2, 2005.

Attorney(s) appearing for the Case

Michael J. Hansen, FPD, argued, Lincoln, Nebraska, for appellant.

Kimberly C. Bunjer, AUSA, argued, Omaha, Nebraska, for appellee.

Before BYE, HEANEY, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Joab J. Garcia pled guilty to a charge of possession with intent to distribute over fifty grams of methamphetamine. At sentencing, the district court found a base offense level of twenty-six, adjusted downward two levels for safety-valve relief, and adjusted downward three more levels for acceptance of responsibility, resulting in a total offense level of twenty-one. Mr. Garcia's criminal history was...

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