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U.S. v. CARDOSA

Nos. 09-1216, 09-1231.

606 F.3d 16 (2010)

UNITED STATES of America, Appellee, v. Manuel CARDOSA, Defendant, Appellant. United States of America, Appellee, v. Edwin Rodriguez, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 28, 2010.

Attorney(s) appearing for the Case

Judith H. Mizner, Assistant Federal Public Defender, Federal Defender Office, for appellant Edwin Rodriguez.

Edwin Rodriguez on brief pro se.

Victoria M. Bonilla-Argudo, by appointment of the court, for appellant Manuel Cardosa.

Manuel Cardosa on brief pro se.

Kelly Begg Lawrence, Assistant United States Attorney, with whom Carmen M. Ortiz, United States Attorney, was on brief for appellee.

Before LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges.

BOUDIN, Circuit Judge.

This decision addresses a single (and recurring) problem that arises in the two appeals before us—those of Edwin Rodriguez and Manuel Cardosa—which were argued together before the same panel and present variations on the theme. The problem arises where a defendant who is found guilty of (or pleads guilty to) a crack cocaine offense is classified at sentencing as a career offender, the judge then gives a sentence that varies or...

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