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U.S. v. MALDONADO

No. 09-1626.

614 F.3d 14 (2010)

UNITED STATES of America, Appellee, v. Orlando MALDONADO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 26, 2010.

Attorney(s) appearing for the Case

George F. Gormley, by appointment of the court, with whom Stephen P. Super and George F. Gormley, P.C., were on brief, for appellant.

Randall E. Kromm, Assistant United States Attorney, with whom Carmen M. Ortiz, United States Attorney, and Jennifer Hay Zacks, Assistant United States Attorney, were on brief, for appellee.

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

BOUDIN, Circuit Judge.

On June 12, 2008, Orlando Maldonado pled guilty to counts related to his role in a conspiracy to distribute in excess of 20 kilograms of cocaine and was sentenced to 120 months' imprisonment, reflecting a ten-year mandatory minimum imposed by statute. 21 U.S.C. § 841(b)(1)(A)(ii) (2006). However, the mandatory minimum was subject to a safe harbor exception. Maldonado claims that the district court miscalculated his criminal history, depriving...

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