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United States of America v. Mateo Ruiz-Zarate; Elias Isaac Guerrero-Ramirez; Ramon

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Submitted: January 12, 2012

Before BYE, SMITH, and COLLOTON, Circuit Judges.

A jury convicted Mateo Ruiz-Zarate, Elias Guerrero-Ramirez, and Ramon Benavente-Zubia of conspiring to distribute 100 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846, and aiding and abetting in the possession with intent to distribute 100 kilograms or more of marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B) and 18 U.S.C. § 2. The jury also convicted Benavente-Zubia of illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. The district court sentenced Benavente-Zubia to concurrent 151-month terms of *fn1 imprisonment on each of the drug counts to run concurrently with a 24-month sentence for illegal re-entry, followed by five years’ supervised release. The district court sentenced Guerrero-Ramirez and Ruiz-Zarate to 97 months’ imprisonment on each drug count to run concurrently, followed by four years’ supervised release. All three defendants appeal their sentences, and Ruiz-Zarate and Guerrero-Ramirez also appeal their convictions.

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