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U.S. v. LINN

No. 03-30319.

362 F.3d 1261 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Robert David LINN, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2004.

Attorney(s) appearing for the Case

David F. Ness, Assistant Federal Defender, Great Falls, MT, for the defendant-appellant.

Bernard F. Hubley, Assistant United States Attorney, Helena, MT, for the plaintiff-appellee.

Before CANBY, WARDLAW, and GOULD, Circuit Judges.

PER CURIAM:

Robert David Linn, Jr., appeals the 188-month sentence imposed following his plea of guilty to possession with intent to distribute methamphetamine and possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1). He argues that his classification as a career criminal under U.S.S.G. § 4B1.2(b) produced a sentencing range that over-represents his criminal history and, therefore, the district court's failure to exercise...

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