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U.S. v. MARTINEZ

No. 97-029-T.

981 F.Supp. 726 (1997)

UNITED STATES of America v. Sandro MARTINEZ.

United States District Court, D. Rhode Island.

October 31, 1997.

Attorney(s) appearing for the Case

Kenneth P. Madden, Asst. U.S. Atty., U.S. Atty's Office, Providence, RI, for U.S.

Edward F. St.Onge, Providence, RI, for Sandro Martinez.

MEMORANDUM OF DECISION

TORRES, District Judge.

Sandro Martinez pled guilty to a one count indictment charging him with possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). It is undisputed that the cocaine consisted of 131.45 grams of "cocaine base" and 9.43 grams of "cocaine powder." The probation officer treated the 131.45 grams as "cocaine base" within the meaning of U.S.S.G. § 2D1.1(c)...

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