BALDOCK, Circuit Judge. Defendant Ervin Earl Rutter appeals from the sentence entered on his plea of guilty to distribution in excess of 500 grams of cocaine. 21 U.S.C. § 841 (a)(1); 841(b)(l)(B)(ii). The maximum statutory penalty is a term of imprisonment of not less than five years nor more than forty years, a $2,000,000 fine, or both.…
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