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U.S. v. PEREZ-RUIZ

No. 04-1853.

421 F.3d 11 (2005)

UNITED STATES of America, Appellee, v. Julio PÉREZ-RUIZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 26, 2005.

Attorney(s) appearing for the Case

Bruce J. McGiverin, by appointment of the court, for appellant.

Germán A. Rieckehoff, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Senior Appellate Attorney, were on brief for appellee.

Before BOUDIN, Chief Judge, SILER, Senior Circuit Judge, and SARIS, District Judge.

BOUDIN, Chief Judge.

Julio Perez-Ruiz ("Perez") was indicted in June 2000 for conspiring to distribute heroin, cocaine and cocaine base and in July 2001 was convicted after a jury trial. Because of evidence at trial that Perez had participated in the murder of a dealer who had broken with the ring, the district court found that the maximum sentence under the Sentencing Guidelines was life imprisonment and imposed this sentence upon Perez, who appealed both from his...

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