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U.S. v. ZAPATA

No. 08-1554.

589 F.3d 475 (2009)

UNITED STATES of America, Appellee, v. Cesar ZAPATA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 16, 2009.

Attorney(s) appearing for the Case

David J. Apfel, with whom Alison V. Douglass, Elianna J. Marziani and Goodwin Proctor LLP were on brief, for appellant.

Neil J. Gallagher, Jr., Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Mark T. Quinlivan, Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA, TASHIMA, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

In exchange for the dismissal of a drug conspiracy charge in an indictment, appellant Cesar Zapata pled guilty to a one-count information charging unlawful use of a communication facility in connection with a drug trafficking offense. See 21 U.S.C. § 843(b). He was sentenced to a term of 48 months' imprisonment, the statutory maximum. In this appeal, Zapata claims that his sentencing was procedurally flawed and that the sentence imposed...

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