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U.S. v. MARTINEZ

No. 08-13846.

584 F.3d 1022 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Hector MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 5, 2009.

Attorney(s) appearing for the Case

Tracy N. DaCruz, Rosemary T. Cakmis, Fed. Pub. Defenders, Fed. Defender's Office, Orlando, FL, Donna Lee Elm, Fed. Pub. Def., Tampa, FL, for Martinez.

Yvette Rhodes, Karin B. Hoppmann, Asst. U.S. Atty., Tampa, FL, for U.S.

Before MARCUS and HILL, Circuit Judges, and VOORHEES, District Judge.

MARCUS, Circuit Judge:

Hector Martinez appeals his 78-month sentence following his conviction for conspiring to distribute and to possess with the intent to distribute 100 kilograms or more of marijuana in violation of 18 U.S.C. §§ 846 and 841(b)(1)(B). On the slender record presented, the district court clearly erred in finding that Martinez was an organizer or leader under U.S.S.G. § 3B1.1(a). Accordingly, we vacate the sentence and remand for further...

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