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U.S. v. MARTINEZ

Nos. 06-2021, 06-2041.

518 F.3d 505 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Garza MARTINEZ and Jorge Gomez Cardenaz, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 3, 2008.

Attorney(s) appearing for the Case

Cynthia J. Ridgeway (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

Joy Bertrand (argued), Phoenix, AZ, for Defendant-Appellant, Juan G. Martinez.

Abner J. Mikva, H. Melissa Mather (argued), Amy Moffet, Mandel Legal Aid Clinic, Chicago, IL, for Defendant-Appellant, Jorge G. Cardenaz.

Before BAUER, KANNE, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

A jury found Juan Martinez and Jorge Cardenaz guilty of conspiracy to possess, and possession of, marijuana with intent to distribute. See 21 U.S.C. §§ 846, 841(a)(1). The indictment specifically alleged that both the conspiracy and the substantive violation involved at least 1,000 kilograms of marijuana, a quantity that would trigger a statutory maximum of life imprisonment instead of the default maximum of five years. See...

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