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U.S. v. RESINOS

No. 10-1607.

631 F.3d 886 (2011)

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

United States Court of Appeals, Eighth Circuit.

Filed: February 2, 2011.

Attorney(s) appearing for the Case

Angela Lorene Pitts and Justin Eisele , Fayetteville, AR, for appellant.

Matthew C. Quinn , AUSA, Fort Smith, AR, and Stephan E. Oestreicher, Jr. , Washington, DC, for appellee.

Before RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, en banc.

PER CURIAM.

Charged with five counts, Jil Antonio Resinos pled guilty to one count of distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced him to 120 months in prison, the mandatory minimum based on the court's drug-quantity calculation. He appealed, arguing that the court's calculation improperly aggregated amounts of meth involved in counts dismissed pursuant to the plea agreement. Following the precedent of ...

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