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U.S. v. FUNCHESS

No. 05-1064.

422 F.3d 698 (2005)

UNITED STATES of America, Plaintiff—Appellee, v. Christopher FUNCHESS, also known as C-Murder, Defendant—Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 2, 2005.

Rehearing Denied October 14, 2005.

Attorney(s) appearing for the Case

Mark C. Meyer, argued, Cedar Rapids, Iowa, for appellant.

Richard Louis Murphy, Assistant U.S. Attorney, argued, Cedar Rapids, Iowa (Teresa K. Baumann, on the brief), for appellee.

Before MELLOY, HEANEY, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

Christopher Funchess appeals his conviction and sentence for crimes related to the distribution of crack cocaine. We affirm in part, reverse in part, and remand for resentencing.

I.

The government charged Funchess with three counts for selling or aiding and abetting the sale of crack cocaine. The government alleged that, on October 27 and 28, 2003, Funchess drove a van from which Maurice "Snake" Pennington sold crack cocaine...

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