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U.S. v. RODRIGUEZ-RIVERA

No. 06-3386.

518 F.3d 1208 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis RODRIGUEZ-RIVERA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 11, 2008.

Attorney(s) appearing for the Case

Robert G. Levitt, Denver, CO, appearing for Appellant.

James A. Brown, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Office of the United States Attorney for the District of Kansas, Topeka, KS, appearing for Appellee.

Before TACHA, ANDERSON, and GORSUCH, Circuit Judges.

TACHA, Circuit Judge.

Pursuant to a plea agreement, Defendant-Appellant Jose Luis Rodriguez-Rivera pleaded guilty to possession with intent to distribute five kilograms or more of a mixture containing cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(ii). Mr. Rodriguez-Rivera appeals the 235-month sentence imposed by the District Court, and the Government has moved this Court to enforce a provision in the...

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