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U.S. v. LEAF

No. 02-1131.

306 F.3d 529 (2002)

UNITED STATES of America, Appellee, v. LaVonne Jean LEAF, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 1, 2002.

Attorney(s) appearing for the Case

Mr. Richard L. Russman, argued, Aberdeen, SD, for appellant.

Ms. Jeannine Huber, Asst. U.S. Atty., argued, Sioux Falls, SD, for appellee.

Before WOLLMAN, RILEY, and MELLOY, Circuit Judges.

RILEY, Circuit Judge.

LaVonne Jean Leaf (Leaf) pled guilty to one count of voluntary manslaughter, a violation of 18 U.S.C. §§ 1112 & 1153. In sentencing Leaf, the district court1 departed upward the equivalent of four criminal history categories based on uncharged criminal conduct. On appeal, Leaf challenges the facts relied upon to support the departure, the extent of the departure, and the constitutionality of using uncharged...

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