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U.S. v. Carbajal, No. 01-40363 (5th Cir.) (290 F.3d 277) (April 25, 2002) (Judge E. Grady Jolly)

Section 2D1.1(a)(2) of the Guidelines establishes a base offense level of 38 if a defendant is convicted of drug trafficking under 21 U.S.C. § 841(b) “and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance.” In the instant case, four defendants …

 

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