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U.S. v. BANKS

No. 02-1931.

333 F.3d 884 (2003)

UNITED STATES of America, Appellee, v. Dietrick Lavon BANKS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 27, 2003.

Attorney(s) appearing for the Case

David R. Treimer, Davenport, IA, for appellant.

Richard D. Westphal, AUSA, Rock Island, IL, and Andrew H. Kahl, AUSA, Des MOines, IA, for appellee.

Before HANSEN, Chief Judge, HEANEY and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

A jury found Dietrick Lavon Banks and his codefendants guilty of conspiring to distribute and possess with intent to distribute crack cocaine, in violation of 21 U.S.C. § 846 (1994), and he was sentenced to life imprisonment and ten years supervised release. We affirmed his conviction, but vacated his sentence based on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and remanded...

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