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U.S. v. GARCIA

No. 09-1662.

608 F.3d 1009 (2010)

UNITED STATES of America, Appellee. v. Carlos GARCIA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 1, 2010.

Attorney(s) appearing for the Case

Laine Cardarella, Asst. Fed. Public Defender, Kansas City, MO, for appellant.

Lajuana M. Counts, Asst. U.S. Atty., Kansas City, MO (Matt J. Whitworth, Acting U.S. Atty., on the brief), for appellee.

Before SMITH, COLLOTON, Circuit Judges, and KORNMANN, District Judge.

KORNMANN, District Judge.

I. Introduction.

Carlos Garcia pleaded guilty to distribution of cocaine and was sentenced on June 3, 2005. The presentence investigation report attributed a drug quantity of 100 to 150 grams of cocaine to Garcia, resulting in a base offense level of Level 32. His total offense level was level 31 and, with a criminal history category of V, his guideline range was 168-210 months. He was sentenced to 168 months custody, the lowest...

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