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UNITED STATES v. MARSHALL

No. 96-1601.

95 F.3d 700 (1996)

UNITED STATES of America, Appellee, v. John R. MARSHALL, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 11, 1996.

Attorney(s) appearing for the Case

Steven J. Lefler, Omaha, NE, for appellant.

Michael P. Norris, Asst. U.S. Atty., Omaha, NE, for appellee.

Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.

PER CURIAM.

John Marshall appeals from the sixty-month sentence imposed by the District Court1 after it granted his motion for resentencing. We affirm.

This is the third appeal following Marshall's guilty plea to manufacturing and possessing with intent to manufacture in excess of 100 marijuana plants, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B) (1994). After the government appealed Marshall's initial sentence, we...

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