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U.S. v. ALVARADO-RIVERA

Nos. 03-2308, 03-2374.

412 F.3d 942 (2005)

UNITED STATES of America, Plaintiff—Appellee, v. Martha ALVARADO-RIVERA, also known as Rosa Ontiveros Aranda, Defendant—Appellant. United States of America, Plaintiff—Appellee, v. Gilberto Moya-Vega, also known as Jorge Salinas, Defendant—Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 20, 2005.

Attorney(s) appearing for the Case

Stephen V. Grigsby, argued, Minneapolis, MN, for appellant Alvarado-Rivera.

Paul Applebaum, argued, St. Paul, MN, for appellant Moya-Vega.

Joseph T. Dixon, Asst. U.S. Attorney, argued, Minneapolis, MN, for appellee.

Before LOKEN, Chief Judge, HEANEY, BRIGHT, WOLLMAN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

Martha Alvarado-Rivera and Gilberto Moya-Vega each pled guilty to conspiracy to distribute and possess with intent to distribute over 500 grams of a substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(b)(1)(A) and 846. After considering and rejecting their requests for a sentence below the statutory mandatory minimum through the use of the safety valve provision in 18 U.S.C. § 3553(f), the district court

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