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U.S. v. GRINARD-HENRY

No. 04-12677.

399 F.3d 1294 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Mauricio GRINARD-HENRY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 11, 2005.

Attorney(s) appearing for the Case

Linda Friedman Ramirez (Court-Appointed), Saint Petersburg, FL, for Defendant-Appellant.

Susan Hollis Rothstein-Youakim, Tampa, FL, for Plaintiff-Appellee.

Before CARNES, HULL and MARCUS, Circuit Judges.

BY THE COURT:

Appellant Mauricio Grinard-Henry appeals his 135-month sentence imposed after he pled guilty to federal drug charges. Specifically, in his initial brief on appeal, Grinard-Henry challenged on Blakely/Apprendi grounds the district court's sentencing him based on a drug quantity greater than the amount to which he pled guilty based on its own factual findings. The government moved to dismiss Grinard-Henry's appeal based on the appeal waiver...

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