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U.S. v. TAVAREZ

No. 03-1680.

410 F.3d 1 (2005)

UNITED STATES of America, Appellee, v. Alonso TAVAREZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 23, 2005.

Attorney(s) appearing for the Case

Patrick M. Hamilton, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Karen A. Pickett, with whom Donnelly, Conroy & Gelhaar, LLP was on brief, for appellant.

Before LYNCH, Circuit Judge, BALDOCK, Senior Circuit Judge, LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

On appeal from his guilty plea and sentence, Alonso Tavarez raises two arguments: (1) that his guilty plea violated Rule 11 of the Federal Rules of Criminal Procedure as it was not knowing and intelligent and (2) that his sentence should be vacated and remanded for resentencing in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), when he did not preserve a claim...

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