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United States of America v. Lorena Cervantes

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Submitted: June 14, 2011

Before BYE and MELLOY, Circuit Judges, and ERICKSEN,*fn1 District Judge.

A jury found Lorena Cervantes guilty of conspiracy to manufacture more than 1000 marijuana plants in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. The district court*fn2 sentenced her to 120 months in prison and five years of supervised release. Cervantes appeals her conviction contending there was insufficient evidence to sustain the jury’s guilty verdict, the district court erred by ruling a co-defendant waived his Fifth Amendment right against self-incrimination by pleading guilty, and she was denied the right to confrontation under Crawford v. Washington, 541 U.S. 36 (2004), when the district court admitted as substantive evidence statements a second co-defendant made during his plea hearing. We affirm.

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