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U.S. v. PONCE

No. 11-2671.

703 F.3d 1129 (2013)

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

United States Court of Appeals, Eighth Circuit.

Filed: January 17, 2013.

Attorney(s) appearing for the Case

Carlos A. Monzon , argued, Lincoln, NE, for appellant.

Matt R. Molsen , USA, argued, Lincoln, NE, for appellee.

Before BYE, SMITH, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

A jury convicted Carlos Ponce of possession with intent to distribute five grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The district court1 sentenced him to 262 months' imprisonment. Ponce appeals, arguing that the court erred in failing to instruct the jury on the lesser included offense of possession of methamphetamine. He also argues that the court imposed an unreasonable...

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