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U.S. v. McCABE

No. 01-1445.

270 F.3d 588 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Lamond Leroy McCABE, also known as "Monte", Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 5, 2001.

Rehearing Denied: December 19, 2001.

Attorney(s) appearing for the Case

Katherine Menendez, Minneapolis, MN, for appellant.

Jeffrey S. Paulsen, Minneapolis, MN, for appellee.

BEFORE: WOLLMAN, Chief Judge, MURPHY and RILEY, Circuit Judges.

MURPHY, Circuit Judge.

Lamond Leroy McCabe pleaded guilty to a charge of possessing with intent to distribute 341 grams of crack cocaine in violation of 18 U.S.C. § 841(a)(1) and (b)(1)(A). Because of his prior record McCabe was subject to a 20 year mandatory minimum sentence. The government moved for a substantial assistance departure under 18 U.S.C. § 3553(e). The district court1 sentenced McCabe to 17 years. McCabe argues...

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