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U.S. v. RIVERA

No. 05-2143.

439 F.3d 446 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Esteban RIVERA, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 6, 2006.

Attorney(s) appearing for the Case

Jim Y. Lynn, argued, Asst. U.S. Attorney, Jefferson City, MO, for appellant.

Nancy R. Price, argued, Springfield, MO, for appellee.

Before MELLOY, COLLOTON, and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

Esteban Rivera was convicted of conspiracy to distribute and possess with intent to distribute marijuana and cocaine. He was sentenced to the statutory mandatory minimum of sixty months in prison. Based on Rivera's status as a career offender, his Guidelines sentencing range was 188 to 235 months. The government appeals, arguing that a sixty-month sentence is unreasonable under the facts of this case. Based on the record before us, we are unable...

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