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U.S. v. HIBBERT

No. 90-2333.

929 F.2d 434 (1991)

UNITED STATES of America, Appellee, v. Kenneth Franklin HIBBERT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 3, 1991.

Attorney(s) appearing for the Case

Evelyn Gwin, Springfield, Mo., for appellant.

Richard Monroe, Asst. U.S. Atty., Springfield, Mo., for appellee.

Before McMILLIAN, FAGG and MAGILL, Circuit Judges.

PER CURIAM.

Kenneth Franklin Hibbert was convicted upon guilty pleas of possessing with intent to distribute amphetamine, 21 U.S.C. § 841(a)(1), and possessing firearms during a drug trafficking crime, 18 U.S.C. § 924(c). The district court1 sentenced him to consecutive terms of forty-six months and five years, respectively. On appeal he argues that (1) the forty-six-month sentence violated his plea agreement; (2) he

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