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U.S. v. ACEVEDO-FITZ

No. 13-2424.

739 F.3d 967 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando ACEVEDO-FITZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 7, 2014.

Attorney(s) appearing for the Case

Sheri H. Mecklenburg , Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Robert L. Rascia , Pablo F. DeCastro , Rascia & DeCastro, Chicago, IL, for Defendant-Appellant.

Before FLAUM, SYKES, and TINDER, Circuit Judges.

FLAUM, Circuit Judge.

Fernando Acevedo-Fitz pleaded guilty to conspiracy to possess heroin with intent to distribute, 21 U.S.C. § 841(a)(1). The drug quantity was at least a kilogram, and the district court sentenced Acevedo-Fitz to the corresponding statutory minimum of 120 months' imprisonment after concluding that he was ineligible for the "safety valve." See id. § 841(b)(1)(A)(i); 18 U.S.C. § 3553(f). Acevedo-Fitz had been caught lying during...

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