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U.S. v. MERCED

No. 09-1844.

603 F.3d 203 (2010)

UNITED STATES of America, Appellant v. Hector MERCED, a/k/a Braveheart.

United States Court of Appeals, Third Circuit.

Filed April 20, 2010.

Attorney(s) appearing for the Case

John F. Romano, (argued), George S. Leone, Office of United States Attorney, Newark, NJ, for Appellant.

Louise Arkel, (argued), David A. Holman, Office of Federal Public Defender, Newark, NJ, for Appellee.

Before: AMBRO, SMITH, and MICHEL, Circuit Judges.

OPINION

SMITH, Circuit Judge.

Hector Merced pleaded guilty to a drug possession charge and was sentenced to five years of imprisonment. That sentence was well below the prison term recommended by the Sentencing Guidelines. The United States appeals, claiming that the District Court committed procedural errors in determining Merced's sentence. We agree with the government. Accordingly, we will vacate the judgment...

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