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U.S. v. JIMENEZ-GUTIERREZ

No. 04-2119.

425 F.3d 1123 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus JIMENEZ-GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 13, 2005.

Attorney(s) appearing for the Case

Anita L. Burns, Asst. Fed. Public Defender, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender), for appellant.

Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO (Bruce Rhoades, Spec. Asst. U.S. Atty., Todd P. Graves, U.S. Atty., on the brief), for appellee.

Before MELLOY, SMITH, and COLLOTON, Circuit Judges.

MELLOY, Circuit Judge.

Jesus Jimenez-Gutierrez pled guilty to conspiring to distribute fifty grams or more of a mixture or substance containing methamphetamine. At sentencing, he received a two-level enhancement due to his role in the offense as a manager or supervisor. The resultant Guidelines range was 188 to 235 months. The district court sentenced him at the bottom of this range, 188 months.

On appeal, Mr. Jimenez-Gutierrez alleges error in the district...

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