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U.S. v. MUÑOZ-NAVA

Nos. 06-2247, 06-2254.

524 F.3d 1137 (2008)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. Gonzalo MUÑOZ-NAVA, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

May 6, 2008.

Attorney(s) appearing for the Case

David N. Williams, Assistant United States Attorney (Larry Gomez, Acting United States Attorney, and David C. Iglesias, former United States Attorney, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellant/Cross-Appellee.

Margaret A. Katze, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellee/Cross-Appellant.

Before BRISCOE, MURPHY, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Gonzalo Muñoz-Nava pleaded guilty to one count of possession with intent to distribute 100 grams or more of heroin in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B). The district court sentenced Muñoz-Nava to one year and one day of imprisonment, one year of home confinement, and five years of supervised release. The government appeals the below-Guidelines sentence imposed by the district court, arguing...

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