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U.S. v. MILLS

No. 03-2942.

375 F.3d 689 (2004)

UNITED STATES of America Appellant, v. Thomas Eugene MILLS, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 13, 2004.

Attorney(s) appearing for the Case

Matthew J. Cole, argued, Asst. U.S. Atty., Cedar Rapids, IA (Kevin C. Fletcher, Asst. U.S. Atty., Sioux City, IA, on the brief), for appellant.

William C. Bracker, argued, Council Bluffs, IA, for appellee.

Before MURPHY, HEANEY, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Thomas Eugene Mills Jr. pleaded guilty to one count of conspiracy to distribute methamphetamine. The United States requested the district court to sentence Mills as a career criminal pursuant to United States Sentencing Guideline ("U.S.S.G.") § 4B1.1 due to his three prior burglary convictions. The district court, however, determined that these prior crimes were part of a "single common scheme or...

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