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U.S. v. RESINOS

No. 10-1607.

623 F.3d 616 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jil Antonio RESINOS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 21, 2010.

Attorney(s) appearing for the Case

Justin Eisele , AFPD, argued, Little Rock, AR, Angela Lorene Pitts , AFPD, on the brief, Fayetteville, AR, for appellant.

Matthew C. Quinn , AUSA, argued, Fort Smith, AR, for appellee.

Before LOKEN, HANSEN, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Jil Antonio Resinos pled guilty to one of five counts of possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court1 sentenced him to 120 months in prison, the mandatory minimum sentence based on its drug quantity calculation. He appeals, arguing that the court's calculation improperly aggregated amounts of meth derived from counts dismissed pursuant to...

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