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U.S. v. GODINES

No. 04-3158.

433 F.3d 68 (2006)

UNITED STATES of America, Appellee v. Alfonso GODINES, a/k/a Mexico, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 3, 2006.

Attorney(s) appearing for the Case

Neil H. Jaffee, Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer, Federal Public Defender.

Valinda Jones, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief was Kenneth L. Wainstein, U.S. Attorney, and John R. Fisher, Assistant U.S. Attorney at the time the brief was filed. Roy W. McLeese, III, Assistant U.S. Attorney, entered an appearance.

Before: SENTELLE and ROGERS, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed PER CURIAM.

Concurring opinion filed by Circuit Judge ROGERS.

PER CURIAM.

Alfonso Godines (a.k.a."Mexico") pled guilty to distributing 150-500 grams of cocaine base, in violation of 21 U.S.C. § 841(b)(1)(B)(iii). At the sentencing hearing—which took place after the Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), but...

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