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U.S. v. MERRIVAL

No. 98-3114.

176 F.3d 1079 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Dustin MERRIVAL, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed May 10, 1999.

Attorney(s) appearing for the Case

Gregory A. Eiesland, Rapid City, SD, argued, for Defendant-Appellant.

Gregg S. Peterman, Rapid City, SD, argued (Mary Thorstensen, Asst. U.S. Atty., and Karen E. Schreier, U.S. Atty., on the brief), for Plaintiff-Appellee.

Before: BEAM and HEANEY, Circuit Judges, and GOLDBERG, Judge.

GOLDBERG, Judge.

In sentencing defendant-appellant Dustin Merrival ("defendant"), the district court departed upward from the United States Sentencing Commission Guidelines ("Guidelines"). Defendant appeals, claiming the departure was improper. We affirm.

I. BACKGROUND

Defendant began drinking at a party at 6:00 a.m. August 2, 1997. He continued drinking until he left the party at approximately 2:00 a.m. August 3. After leaving the party, defendant...

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