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U.S. v. PHILLIPS

No. 03-2783.

390 F.3d 574 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Carlus L. PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 6, 2004.

Attorney(s) appearing for the Case

David L. Owen, Jr., Kansas City, Missouri, for appellant Attorney Federal Public Defender.

Lajuana M. Counts, Kansas City, Missouri, for appellee Asst. U.S. Attorney.

Before MURPHY, HANSEN, and RILEY, Circuit Judges.

MURPHY, Circuit Judge.

Carlus L. Phillips pled guilty to possession of crack cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B). The district court sentenced him to 252 months after departing upward. Phillips appeals, arguing that the district court erred by failing to warn him it could depart from the sentencing guidelines and that the government breached the plea agreement by moving for an upward departure. He asks...

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