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U.S. v. BUENO

Nos. 04-2289, 04-2338.

443 F.3d 1017 (2006)

UNITED STATES of America, Appellant, v. Mario Alberto BUENO, Appellee. United States of America, Appellee, v. Mario Alberto Bueno, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 17, 2006.

Attorney(s) appearing for the Case

Assistant U.S. Atty., Jim Lynn, Jefferson City, MO, for appellant/cross-appellee.

Theodore R. Naimy, Jr., Valley Village, CA, for appellee/cross-appellant.

Before WOLLMAN, FAGG, and ARNOLD, Circuit Judges.

WOLLMAN, Circuit Judge.

Mario Alberto Bueno pleaded guilty to possessing with intent to distribute five kilograms or more of powder cocaine. The district court reduced Bueno's U.S. Sentencing Guidelines offense level and granted a downward departure from the guidelines, resulting in a sentence of eighteen months in prison and three years of supervised release. The government appeals this sentence. Bueno cross-appeals, arguing that the district court erred in denying...

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