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U.S. v. SPIGNER

No. 04-3031.

416 F.3d 708 (2005)

UNITED STATES of America, Appellee, v. Corey SPIGNER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 1, 2005.

Attorney(s) appearing for the Case

Jeffrey L. Thomas, Asst. FPD, argued, Omaha, NE (Jennifer L. Gilg, on the brief), for appellee.

Maria R. Moran, AUSA, argued, Omaha, NE, for appellee.

Before BYE, HEANEY, and MELLOY, Circuit Judges.

HEANEY, Circuit Judge.

Corey Spigner pleaded guilty to and was convicted of conspiring to distribute 50 grams or more of cocaine base (crack), in violation of 21 U.S.C. §§ 841 and 846. His offense subjected him to a ten-year mandatory minimum sentence, see 21 U.S.C. § 841(b)(1)(A)(iii), but Spigner received a sentence fifteen months greater than the mandatory minimum due to the district court's use of the United States Sentencing Guidelines (Guidelines...

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