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U.S. v. MURPHY

No. 00-2480.

248 F.3d 777 (2001)

UNITED STATES of America, Appellee, v. Adrian MURPHY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 30, 2001.

Attorney(s) appearing for the Case

Eric L. Whitner, argued, Omaha, NE for appellant.

Maria R. Moran, argued, Omaha, NE (Amy L. Ellebracht, on the brief), for appellee.

Before RICHARD SHEPPARD ARNOLD, LAY, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Adrian Murphy appeals from the sentence he received after he pleaded guilty to distribution of a substance containing crack cocaine in violation of 21 U.S.C. § 841(a)(1). Murphy argues that the district court1 erred in failing to make a downward departure based on the substantial assistance he provided to the government following his arrest. Because Murphy waived this issue below, we affirm.

I.

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