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U.S. v. ANDREWS

Nos. 01-3678, 01-3732.

339 F.3d 754 (2003)

UNITED STATES of America, Appellee/Cross-Appellant, v. Joseph D. Andrews, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2003.

Attorney(s) appearing for the Case

David A. Pfeifle, argued, Sioux Falls, SD, for appellant.

Dennis Ray Holmes, argued, Sioux Falls, SD, for appellee.

Before BOWMAN, BEAM, and BYE, Circuit Judges.

BEAM, Circuit Judge.

This case is before us for a second time after remand of Andrews' initial sentence in United States v. Bradford, 246 F.3d 1107 (8th Cir.2001). The current version of this case presents the question of whether the application of U.S. Sentencing Guidelines Manual § 5G1.2(d)1 (U.S.S.G.) is mandatory when a defendant has been convicted of multiple counts and the total punishment...

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