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U.S. v. TORRES

No. 03-1981.

409 F.3d 1000 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Herminio TORRES, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 13, 2005.

Rehearing Denied July 21, 2005.

Attorney(s) appearing for the Case

John P. Messina, Asst. Federal Public Defender, Des Moines, IA, for appellant.

Richard D. Westphal, argued, Asst. U.S. Atty., Rock Island, IL, for appellee.

Before BYE, HEANEY, and SMITH, Circuit Judges.

BYE, Circuit Judge.

Herminio Torres, Jr., a drug felon who pleaded guilty to conspiracy to distribute drugs and distribution of a controlled substance, appeals the district court's1 assessment of a two-level enhancement for possession of a dangerous weapon. The district court sentenced Mr. Torres to 120 months of imprisonment, the same minimum term it was required by statute to impose upon a repeat drug felon even without an enhancement...

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