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U.S. v. COOK

No. 03-1251.

356 F.3d 913 (2004)

UNITED STATES of America, Appellee, v. Tracy A. COOK, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 30, 2004.

Rehearing and Rehearing Denied March 18, 2004.

Attorney(s) appearing for the Case

Donald L. Schense, argued, Bellevue, NE, for appellant.

Robert F. Cryne, Asst. U.S. Atty., argued, Omaha, NE, for appellee.

Before RILEY, BEAM, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 18, 2004.

RILEY, Circuit Judge.

Tracy Cook (Cook) was charged with and convicted of two counts of possession with intent to distribute cocaine base and one count of conspiracy to possess with intent to distribute cocaine base. 21 U.S.C. §§ 841(a)(1), (b)(1), 846 (2000). The district court1 sentenced Cook to 360 months imprisonment on the first two counts, to run concurrently...

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