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U.S. v. MOELLER

No. 03-3011.

383 F.3d 710 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Gary Lynn MOELLER, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 3, 2004.

Attorney(s) appearing for the Case

Robert L. Teig, argued, Asst. U.S. Attorney, Cedar Rapids, IA (Peter E. Deegan, Jr., AUSA, on the brief), for appellant.

Alexander Esteves, argued, Sioux City, IA, for appellee.

Before LOKEN, Chief Judge, BRIGHT, Circuit Judge, and DORR, District Judge.

LOKEN, Chief Judge.

Gary Lynn Moeller pleaded guilty to conspiring to manufacture and distribute five grams or more of actual methamphetamine. The statutory minimum sentence for this offense is five years in prison. See 21 U.S.C. § 841(b)(1)(B)(viii). Moeller's guidelines sentencing range is seventy-eight to ninety-seven months in prison. The government filed a motion under U.S.S.G. § 5K1.1 and recommended a twenty percent downward departure based...

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