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U.S. v. BURKE

No. 95-3999

91 F.3d 1052 (1996)

UNITED STATES of America, Appellee, v. Edgar Eugene BURKE, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1996.

Attorney(s) appearing for the Case

Nicholas Drees, Federal Public Defender, Des Moines, IA, for appellant.

Cliff Wendel, Asst. United States Atty., Des Moines, IA, for appellee.

Before McMILLIAN, WOLLMAN, and MURPHY, Circuit Judges.

PER CURIAM.

Edgar Eugene Burke, Jr., pleaded guilty to possessing cocaine, in violation of 21 U.S.C. § 844 (Count I); and to two other drug offenses, in violation of 21 U.S.C. § 841(a)(1). The district court1 denied Burke's request for sentencing under U.S.S.G. § 5C1.2 ("safety-valve provision"),2 after finding that Burke's possession of a firearm was...

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