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U.S. v. MOREHEAD

No. 03-2957.

375 F.3d 677 (2004)

UNITED STATES of America, Appellee, v. Maurice MOREHEAD, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 12, 2004.

Attorney(s) appearing for the Case

Raphael M. Scheetz, argued, Cedar Rapids, IA, for appellant.

Daniel C. Tvedt, argued, Asst. U.S. Attorney, Cedar Rapids, IA, for appellee.

Before MURPHY, HEANEY, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Maurice Morehead appeals his sentence, arguing that the district court erred in relying on contested portions of his presentence investigation report ("PSR") to deny him a minor-role adjustment to his sentence. We reverse and remand for resentencing.

I. Background

Prior to trial, Morehead pleaded guilty to possession with intent to distribute at least twenty-six grams of cocaine base. In describing Morehead's involvement...

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