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U.S. v. GOMEZ

No. 12-1372.

716 F.3d 1 (2013)

UNITED STATES, Appellee, v. Clarvee GOMEZ, a/k/a Tony, Defendant, Appellant.

United States Court of Appeals, First Circuit.

May 3, 2013.

Attorney(s) appearing for the Case

Robert E. Toone , with whom Foley Hoag LLP was on brief, for appellant.

Daniel C. Taylor , Attorney, U.S. Department of Justice, with whom Carmen M. Ortiz , United States Attorney, was on brief, for appellee.

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

Clarvee Gomez was convicted by a jury of conspiracy to distribute 500 grams or more of cocaine. He was sentenced by the court to a ten-year mandatory minimum term of imprisonment under 21 U.S.C. § 841(b)(1)(A)(ii), based on the court's finding that the crime involved eight kilograms of cocaine. He challenges both his conviction and sentence.

Gomez's primary argument as to his conviction is that...

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