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U.S. v. CHARLES

No. 03-3618.

389 F.3d 797 (2004)

UNITED STATES of America, Appellee, v. Kevin L. CHARLES, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 30, 2004.

Attorney(s) appearing for the Case

James J. Regan, argued, Omaha, NE, for appellant.

Thomas J. Kangior, Asst. U.S. Atty., argued, Omaha, NE, for appellee.

Before SMITH, BEAM, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Kevin Charles pled guilty to possession with intent to distribute five grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1), and to a criminal forfeiture charge involving $1607 in cash, pursuant to 21 U.S.C. § 853. He appeals his sentence, arguing that the district court1 should not have included in its criminal history calculation under the United States Sentencing Guidelines...

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