U.S. v. RODRIGUEZ

No. 90-1533.

938 F.2d 319 (1991)

UNITED STATES of America, Appellant, v. Belkis RODRIGUEZ, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 11, 1991.


Attorney(s) appearing for the Case

Robert E. McDaniel, Asst. U.S. Atty., with whom Jeffrey R. Howard, U.S. Atty., was on brief, Concord, N.H., for appellant.

Raymond A. O'Hara, Framingham, Mass., for defendant, appellee.

Before TORRUELLA, and CYR, Circuit Judges, and TIMBERS, Senior Circuit Judge.


CYR, Circuit Judge.

The government appeals the fifty-seven month guideline sentence imposed on defendant Belkis Rodriguez, on the ground that 21 U.S.C. § 841(b)(1)(B)(ii) mandates a minimum prison term of five years. As the sentence imposed by the district court contravenes U.S.S.G. § 5G1.1(c)(2), as well as 21 U.S.C. § 841(b)(1)(B)(ii), we vacate and remand for resentencing.

I

BACKGROUND

Following a jury trial, the defendant...

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