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U.S. v. EARLY

No. 95-3283.

77 F.3d 242 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Sam EARLY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1996.

Attorney(s) appearing for the Case

Steven A. Pihlaja, Minneapolis, MN, argued for appellant.

James E. Lackner, Asst. U.S. Atty., Minneapolis, MN, argued for appellee.

Before McMILLIAN, LAY and HANSEN, Circuit Judges.

PER CURIAM.

Frank Sam Early appeals his sentence of 144 months imprisonment imposed after he pled guilty to possession of cocaine base ("crack cocaine") with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B).

Early first challenges the district court's failure to apply the Sentencing Guidelines governing possession of powder cocaine to his conviction for possession of crack cocaine...

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