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U.S. v. WALLACE

No. 03-3281WM.

377 F.3d 825 (2004)

UNITED STATES of America, Appellant, v. Donald Ray WALLACE, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 23, 2004.

Attorney(s) appearing for the Case

Philip M. Koppe, argued, Asst. U.S. Atty., (Todd P. Graves, U.S. Atty., on the brief, Kansas City, MO,) for appellant.

Stephen C. Moss, argued, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, David R. Mercer, Springfield, MO, on the brief), for appellee.

Before LOKEN, Chief Judge, RICHARD S. ARNOLD and FAGG, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

Donald Ray Wallace was convicted on his plea of guilty of violating 21 U.S.C. § 841(a)(1), a drug felony. He admitted that he had knowingly distributed a bag containing 5.61 grams of cocaine base in exchange for $450.00.

At sentencing, the District Court took the view that the defendant's criminal history (Category VI) overstated the seriousness of his situation. Exercising the de novo review that Congress has prescribed...

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