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U.S. v. GARNICA

No. 05-4097.

477 F.3d 628 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Christian GARNICA, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2007.

Attorney(s) appearing for the Case

Russell X. Mayer, Attorney Federal Public Defender, Omaha, NE, for appellant.

Russell X. Mayer, Asst. U.S. Attorney, Omaha, NE, for appellee.

Jeffrey L. Thomas, Federal Public Defender's Office, Omaha, NE, for Defendant-Appellant.

Before RILEY, MELLOY, and SHEPHERD, Circuit Judges.

PER CURIAM.

Christian Garnica was charged with one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(A). A jury convicted Garnica, but found that the quantity of methamphetamine was only between fifty and 500 grams. The district court1 then sentenced him to ninety-two months...

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