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U.S. v. TORRES

No. 08-2703.

563 F.3d 731 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Javier Garcia TORRES, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 27, 2009.

Attorney(s) appearing for the Case

Stephen W. Walburg, argued, Shakopee, MN, for appellant.

Jeffrey Marc Bryan, AUSA, argued, Minneapolis, MN, for appellee.

Before BYE, JOHN R. GIBSON, and GRUENDER, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Javier Garcia Torres pleaded guilty to one count of distribution of a mixture and substance containing methamphetamine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B) and was sentenced to 121 months' imprisonment and four years' supervised release. Torres appeals only his sentence, contending that the district court1 abused its discretion when it failed to depart downward based on his claim of sentencing...

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