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U.S. v. CERVANTES

No. 06-4172.

519 F.3d 1254 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Marcos A. CERVANTES, also known as Marco Antonio Cervantes, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 24, 2008.

Attorney(s) appearing for the Case

Elizabethanne C. Stevens, Assistant United States Attorney (Brett L. Tolman, United States Attorney, on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Scott Keith Wilson, Assistant Federal Defender (Steven B. Killpack, Utah Federal Defender, on the briefs), Salt Lake City, UT, for Defendant-Appellant.

Before KELLY, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and BRISCOE, Circuit Judge.

KELLY, Circuit Judge.

Defendant-Appellant Marcos A. Cervantes pled guilty to one count of possession of methamphetamine with intent to distribute and was sentenced to the statutory minimum 120 months' imprisonment followed by five years of supervised release. 21 U.S.C. § 841(a)(1), (b)(1)(A). On appeal, Mr. Cervantes challenges the district court's refusal to grant him a "safety-valve" adjustment so that he might be sentenced within the advisory guideline range...

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