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U.S. v. MOORE

No. 00-2654.

245 F.3d 1023 (2001)

UNITED STATES of America, Appellee, v. James Eric MOORE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 11, 2001.

Attorney(s) appearing for the Case

David N. Nadler, Cedar Rapids, IA, for appellant.

Daniel C. Tvedt, AUSA, Cedar Rapids, IA, for appellee.

Before LOKEN, HEANEY and BYE, Circuit Judges.

HEANEY, Circuit Judge.

James Moore pleaded guilty to distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1). At sentencing, Moore objected to the government's assessment of criminal history points derived from prior state misdemeanor convictions. Alternatively, Moore requested a downward departure based upon the state public defender's misdemeanor case-file retention policy. The district court1 overruled the objections...

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