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U.S. v. GUTIERREZ

No. 04-4069, 05-1068.

437 F.3d 733 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Mike R. GUTIERREZ, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Mike R. Gutierrez, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 8, 2006.

Attorney(s) appearing for the Case

Hunter Brandon Sadle, Omaha, NE, for appellant/cross-appellee.

Sara E. Fullerton, AUSA, Lincoln, NE, for appellee/cross-appellant.

Before MURPHY, BOWMAN, and GRUENDER, Circuit Judges.

MURPHY, Circuit Judge.

Mike Gutierrez was convicted by a jury of conspiracy to distribute and possess between 50 and 500 grams of methamphetamine, and he was sentenced to 168 months in the period between Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Although the district court...

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