U.S. v. ARAUJO

No. 09-1479.

622 F.3d 854 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Norberto ARAUJO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 2010.

Rehearing and Rehearing En Banc Denied October 25, 2010.


Attorney(s) appearing for the Case

Andrew C. Porter (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Catharine D. O'Daniel (argued), Attorney, Chicago, IL, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and KANNE and ROVNER, Circuit Judges.


ROVNER, Circuit Judge.

Norberto Araujo entered into a plea agreement with the government in which he both acknowledged that his heroin trafficking involved a quantity of 30 or more kilograms of heroin and yet reserved the right to assert that he should be held to account for a lesser amount. He subsequently objected to the probation officer's proposed finding that he was responsible for at least 30 kilograms of heroin, arguing that the evidence warranted a finding...

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