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UNITED STATES OF v. MIGUEL NUNEZ

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ARGUED SEPTEMBER 14, 2010

Before BAUER, FLAUM, and HAMILTON, Circuit Judges.

Miguel Nunez pled guilty to knowingly and intentionally possessing over 500 grams of cocaine with intent to distribute. The district court sentenced Nunez to sixty months imprisonment, the mandatory minimum sentence, after determining that Nunez was not eligible for a “safety valve” adjustment to his sentence, which would have permitted the court to set a sentence below the mandatory minimum. Nunez argues that the district court violated his due process right to be sentenced on the basis of reliable information when it considered hearsay information from two confidential informants at sentencing. We affirm.

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