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U.S. v. CANO-SILVA

Nos. 03-4059, 03-4108.

402 F.3d 1031 (2005)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Hector CANO-SILVA, also known as Hector Manuel CanoSilva, Hector Cano, and Hector Silva-Cano, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

March 28, 2005.

Attorney(s) appearing for the Case

Vicki Mandell-King, Assistant Public Defender (Michael G. Katz, former Federal Public Defender, and Raymond P. Moore, Federal Public Defender, with her on the briefs), Denver, CO, for Appellant/Cross-Appellee.

Michael S. Lee, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the briefs), Salt Lake City, UT, for Appellee/Cross-Appellant.

Before SEYMOUR, MURPHY, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Defendant Hector Cano-Silva appeals the district court's decision to dismiss the indictment against him without prejudice after finding a violation of the Speedy Trial Act. The government cross-appeals the district court's determination that Mr. Cano-Silva's activities warranted a minor-participant adjustment leading to a reduction in his sentence.

I. Background

On November 28, 2001, Mr. Cano-Silva and David Padilla...

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