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U.S. v. MONTANEZ

No. 04-4543.

442 F.3d 485 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Luis A. MONTANEZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 23, 2006.

Attorney(s) appearing for the Case

ARGUED: Philip J. Korey, Cleveland, Ohio, for Appellant. Lori A. Hendrickson, Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Philip J. Korey, Cleveland, Ohio, for Appellant. Lori A. Hendrickson, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: MARTIN and CLAY, Circuit Judges, SARGUS, District Judge.

MARTIN, Circuit Judge.

The defendant, Luis Montanez, was charged in a one-count indictment for possession of an unspecified amount of cocaine with the intent to distribute in violation of 21 U.S.C. § 841(a). Montanez pled guilty and was sentenced to 130 months imprisonment, the minimum sentence under the Federal Sentencing Guidelines, based on the district court's conclusion that Montanez qualified as a career offender. See U.S.S.G. § 4B1.1. Montanez...

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