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United States of America v. Mariano Ortiz

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ARGUED MAY 6, 2011

Before BAUER, KANNE, and EVANS, Circuit Judges.

Jarbaree Williams sold Mariano Ortiz a car and then took him for a ride. After the ill-fated road trip with Williams to buy drugs, Ortiz pled guilty to attempted possession with the intent to distribute controlled substances. Ortiz appeals the statutory-minimum sentence he received under 21 U.S.C. § 841(b), arguing that his offense involved only the substance he intended to personally possess and distribute. But Ortiz pled guilty to aiding and abetting Williams’s attempted possession with the intent to distribute, so his offense involved all the controlled substances he helped Williams attempt to purchase. Accordingly, we affirm Ortiz’s sentence.

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