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U.S. v. JIMENEZ-GUTIERREZ

No. 06-1566.

491 F.3d 923 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Jesus JIMENEZ-GUTIERREZ, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 29, 2007.

Attorney(s) appearing for the Case

Bradley J. Schlozman, U.S. Atty., argued, Kansas City, MO (Philip M. Koppe, Asst. U.S. Atty., on the brief) for appellant.

Stephen C. Moss, Asst. Fed. Public Defender, argued, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellee.

Before WOLLMAN, BEAM, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Jesus Jimenez-Gutierrez ("Defendant") pleaded guilty to conspiring to distribute fifty grams or more of a mixture or substance containing methamphetamine. The district court sentenced him at the bottom of the then-mandatory Guidelines sentencing range, 188 months in prison. After the Supreme Court issued its opinions in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) and United...

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