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U.S. v. BAMBERG

No. 06-1489.

478 F.3d 934 (2007)

UNITED STATES of America, Appellee, v. Wade BAMBERG, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2007.

Attorney(s) appearing for the Case

James A. Eirinberg, Sioux Falls, South Dakota, for appellant.

Kathryn E. Ford, Assitant U.S. Attorney, Sioux Falls, South Dakota (Marty J. Jackley, on the brief), for appellee.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

A jury convicted Wade Bamberg of: distribution of a controlled substance analogue to a person under 21; possession of a controlled substance analogue with intent to distribute; identity theft; aggravated identity theft; and access device fraud. The district court1 sentenced him to 149 months imprisonment. Bamberg argues that: the federal Analogue Act, 21 U.S.C. § 802(32)(A), is unconstitutionally vague; the...

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