U.S. v. CLARY

No. 94-1422.

34 F.3d 709 (1994)

UNITED STATES of America, Appellant, v. Edward James CLARY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 12, 1994.

Rehearing and Suggestion for Rehearing Denied October 20, 1994.


Attorney(s) appearing for the Case

Daniel E. Meuleman, Asst. U.S. Atty., St. Louis, MO (Richard L. Poehling, on the brief), for appellant.

Andrea L. Smith, Asst. Federal Public Defender, East St. Louis, IL, for appellee.

Before MORRIS SHEPPARD ARNOLD, Circuit Judge, HENLEY and JOHN R. GIBSON, Senior Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied October 20, 1994.

JOHN R. GIBSON, Senior Circuit Judge.

The United States appeals from the sentence imposed upon Edward James Clary for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(b)(1)(A)(iii). Clary entered a guilty plea to the charge which called for a ten-year mandatory minimum sentence. After conducting a four-day hearing, the district court sentenced Clary...

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