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U.S. v. ALVAREZ

No. 12-3238.

731 F.3d 1101 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 1, 2013.

Attorney(s) appearing for the Case

John K. Henderson, Jr. , Assistant Federal Public Defender, Wichita, KS, for Defendant-Appellant.

James A. Brown , Assistant United States Attorney ( Barry R. Grissom , United States Attorney with him on the briefs), Topeka, KS, for Plaintiff-Appellee.

Before TYMKOVICH, EBEL, and MATHESON, Circuit Judges.

EBEL, Circuit Judge.

Defendant-Appellant Sergio Alvarez was charged with one count of possession with intent to distribute methamphetamine and one count of conspiracy to distribute methamphetamine. He pleaded guilty to the count charging possession with intent to distribute, but he refused to plead guilty to the related conspiracy count and was convicted after a trial. The sole issue on appeal is whether the district court erred when it denied him an offense-level...

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