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U.S. v. FRASER

No. 00-2429SI.

243 F.3d 473 (2001)

UNITED STATES of America, Appellee, v. Janice Kay FRASER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 16, 2001.

Attorney(s) appearing for the Case

Paul H. Rosenberg, argued, Des Moines, IA, for appellant.

Cliff Wendel, argued, Des Moines, IA, for appellee.

Before: WOLLMAN, Chief Judge, RICHARD S. ARNOLD and HANSEN, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

Janice Fraser appeals her sentence for attempting to possess methamphetamine with intent to distribute in violation of 21 U.S.C. § 846. Ms. Fraser asserts that the District Court erroneously calculated her base offense level by failing to exclude drug quantities she intended for her personal use. We agree, reverse, and remand.

I.

Ms. Fraser was arrested during a law-enforcement sting operation in which she attempted...

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