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U.S. v. GONZALEZ

No. 08-3361.

573 F.3d 600 (2009)

UNITED STATES of America, Appellee, v. Moises GONZALEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 20, 2009.

Attorney(s) appearing for the Case

Chad D. Primmer, Council Bluffs, IA, for appellant.

Kevin Craig Fletcher, AUSA, Sioux City, IA, for appellee.

Before RILEY, SMITH, and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

Pursuant to a plea agreement, Moises Gonzalez pleaded guilty to conspiracy to distribute and possess with intent to distribute 500 grams or more of mixed methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. At sentencing, the district court1 applied an upward departure for underrepresentation of Gonzalez's criminal history, yielding an advisory Guidelines range of 360 months' to...

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