No. 07-2146.

527 F.3d 732 (2008)

UNITED STATES of America, Appellant, v. Gregorio LEON-ALVAREZ, also known as Guadalupe Almanza Jr., also known as Goyo, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 10, 2008.

Attorney(s) appearing for the Case

Kevin Craig Fletcher, AUSA, argued, Sioux City, IA, for appellant.

Jason M. Finch, argued, Omaha, NE, for appellee.

Before WOLLMAN, BRIGHT, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Gregorio Leon-Alvarez pleaded guilty, pursuant to a plea agreement, to conspiracy to distribute 50 grams or more of methamphetamine mixture1 and to misusing employment eligibility verification.2 As part of the plea agreement, the government dismissed eight other narcotics counts. At sentencing, Leon-Alvarez faced a mandatory minimum sentence of 60 months' imprisonment because of his prior...

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