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U.S. v. MITCHELL

No. 03-30008.

354 F.3d 1013 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Patrick MITCHELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2004.

Attorney(s) appearing for the Case

Anthony R. Gallagher, Federal Public Defender, Great Falls, MT, for the defendant-appellant.

Carl E. Rostad, Assistant United States Attorney, Great Falls, MT, for the plaintiff-appellee.

Before KLEINFELD, GOULD, and TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge:

Harold Mitchell appeals the 60-month sentence imposed by the District Court following his 2002 guilty plea to conspiracy to distribute, and distribution of, methamphetamine and cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). Mitchell contends that the District Court miscalculated his criminal history score under the Federal Sentencing Guidelines by including a 1993 juvenile post-office burglary conviction that originally resulted...

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