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U.S. v. MONCIVAIS

No. 05-6689.

492 F.3d 652 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto MONCIVAIS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 10, 2007.

Attorney(s) appearing for the Case

ON BRIEF: James A. Simmons, Nashville, Tennessee, for Appellant. Stuart J. Canale, Assistant United States Attorney, Memphis, Tennessee, for Appellee.

Before: CLAY, GILMAN, and McKEAGUE, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Defendant Alberto Moncivais appeals his sentence of 336 months imprisonment imposed following a guilty plea. Defendant pled guilty to one count of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. On appeal, Defendant contends that: (1) the district court erred by sentencing him based on evidence that was inadmissible as...

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