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U.S. v. ROTOLO

No. 91-1436.

950 F.2d 70 (1991)

UNITED STATES, Appellee, v. Dominic ROTOLO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 3, 1991.

Attorney(s) appearing for the Case

Martin G. Weinberg, Boston, Mass., with whom Edward J. Romano, Providence, R.I., was on brief, for appellant.

Margaret E. Curran, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., and Lawrence D. Gaynor, Asst. U.S. Atty., Providence, R.I., were on brief, for appellee.

Before BREYER, Chief Judge, CAMPBELL, Circuit Judge, and ZOBEL, District Judge.

BREYER, Chief Judge.

The appellant, Dominic Rotolo, pled guilty to several charges, including conspiring to possess, and attempting to possess, more than one hundred kilograms of marijuana (with the intent to distribute). 21 U.S.C. §§ 846 and 841(a)(1), (b)(1)(B). He now appeals his sentence of 108 months in prison. He claims that the district court made two errors in applying the Sentencing Guidelines.

First, he says that the court should not have...

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