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U.S. v. LINCOLN

No. 04-2898.

413 F.3d 716 (2005)

UNITED STATES of America, Appellee, v. Richard LINCOLN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 5, 2005.

Rehearing Denied August 10, 2005.

Attorney(s) appearing for the Case

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

Robert Lee Teig, argued, Asst. U.S. Atty., Cedar Rapids, IA, for appellee.

Before MORRIS SHEPPARD ARNOLD, MURPHY, and BENTON, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Richard Lincoln appeals his sentence on one count of conspiring to distribute five grams or more of cocaine base (crack cocaine), see 21 U.S.C. §§ 841(a)(1), (b)(1)(B), 846, and one count of distributing 2.75 grams of crack cocaine, see 21 U.S.C. § 841(a)(1), (b)(1)(C). We affirm.

Mr. Lincoln maintains that the district court1

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