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U.S. v. MARTINEZ

No. CR 09-2619 JB.

802 F.Supp.2d 1251 (2011)

UNITED STATES of AMERICA, Plaintiff, v. Ernie MARTINEZ, Defendant.

United States District Court, D. New Mexico.

August 2, 2011.

Attorney(s) appearing for the Case

Kenneth J. Gonzales , United States Attorney, Jon K. Stanford , Assistant United States Attorney, Albuquerque, NM, for Plaintiff.

David A. Streubel , Streubel, Kochersberger & Mortimer, LLC, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Motion for Variance, filed May 16, 2011 (Doc. 41) ("Motion"). The Court held a sentencing hearing on July 7, 2011. The primary issue is whether the Court should vary from the advisory guideline range of 188-235 months to a sentence of 92 months and thereby disregard Defendant Ernie Martinez' classification under the sentencing...

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