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U.S. v. PADILLA

No. 06-4370.

520 F.3d 766 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Felipe PADILLA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 31, 2008.

Attorney(s) appearing for the Case

Nancy Miller (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

James D. Tunick (argued), Chicago, IL, for Defendant-Appellant.

Before BAUER, RIPPLE, and WILLIAMS, Circuit Judges.

BAUER, Circuit Judge.

Felipe Padilla pleaded guilty to one count of knowingly distributing 121.3 grams of a substance containing cocaine base, in violation of 21 U.S.C. § 841(a)(1). After finding that the substance in question was cocaine base in the form of crack, the district court sentenced Padilla to 327 months' imprisonment, a sentence above the advisory guidelines sentence of 240 months. Padilla now appeals his sentence, arguing that (1) the district court...

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