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U.S. v. BARRERA

No. 08-2066.

562 F.3d 899 (2009)

UNITED STATES of America, Appellee, v. Martin Sanchez BARRERA, aka Juan Nunez Gutierrez, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 10, 2009.

Attorney(s) appearing for the Case

Robert M. Christensen, Minneapolis, MN, for appellant.

Kimberly A. Svendsen, Asst. U.S. Atty., Minneapolis, MN, for appellee.

Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Martin Sanchez Barrera pleaded guilty to one count of possession with intent to distribute approximately 91 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). The district court1 sentenced Barrera to 120 months' imprisonment followed by a five-year term of supervised release. On appeal, Barrera argues that the district court erred (1) in finding that he was on probation at the time of...

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