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053358P.pdf   08/21/2006  United States  v.  Santos Portillo
   U.S. Court of Appeals Case No:  05-3358
   Southern District of Iowa   
   [PUBLISHED] [Benton, Author, with Murphy and John R. Gibson, Circuit
   Judges]
   Criminal Case - sentence. Following remand for resentencing, district
   court calculated advisory guidelines as 188-235 months and sentenced
   defendant to 120 months, concluding mandatory minimum was sufficient
   to punish and some of the testimony regarding drug quantity was dubious. 
   District court erred in considering credibility as part of its section
   3553(a) analysis and thus the sentence if reversed.