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U.S. v. BUSTAMANTE

No. 05-8072.

454 F.3d 1200 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio BUSTAMANTE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 24, 2006.

Attorney(s) appearing for the Case

Matthew H. Mead, United States Attorney, and David A. Kubichek, Assistant United States Attorney, Casper, Wyoming, for Plaintiff-Appellee.

Before HENRY, BRISCOE, and O'BRIEN, Circuit Judges.

HENRY, Circuit Judge.

Sergio Bustamante, a federal prisoner, pleaded guilty to unlawfully distributing more than fifty grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). In 2004, the district court sentenced him to 78 months' imprisonment, and Mr. Bustamante appealed, arguing that the district court improperly enhanced his sentence in violation of Blakely v. Washington, 542 U.S. 296, 124 S.Ct...

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