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U.S. v. McCRARY

No. 94-3273.

64 F.3d 420 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Gerry McCRARY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 29, 1995.

Attorney(s) appearing for the Case

Bruce W. Simon, Kansas City, MO, argued, for appellant.

Christina Y. Tabor, Asst. U.S. Atty., Kansas City, MO, argued, for appellee.

Before BOWMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In United States v. Magee, 19 F.3d 417 (8th Cir.), cert. denied, ___ U.S. ___, 115 S.Ct. 343, 130 L.Ed.2d 299 (1994), we affirmed the conviction of Gerry McCrary on various charges relating to a conspiracy to distribute cocaine base. His sentence, however, was remanded with instructions to the district judge1

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