U.S. v. HUTMAN

Nos. 02-3907, 02-4019.

339 F.3d 773 (2003)

UNITED STATES of America, Appellant/Cross Appellee, v. Donald Michael Hutman, Cross Appellant/Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2003.


Attorney(s) appearing for the Case

Steven M. Colloton, argued, U.S. Attorney, Des Moines, IA, for appellant.

Keith E. Uhl, argued, Des Moines, IA, for appellee.

Before BOWMAN, HEANEY, and BYE, Circuit Judges.


BYE, Circuit Judge.

The government contends the district court erred when it determined Donald Hutman's career offender status (and resulting criminal history category VI) overstated the seriousness of his criminal history. In a cross-appeal, Hutman contends his 1992 burglary of a commercial structure should not count as one of the two predicate offenses used to trigger career offender status. We reverse in part and affirm in part.

I

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