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U.S. v. GRAVES

No. 04-3720.

418 F.3d 739 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis GRAVES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 2005.

Rehearing and Rehearing Denied September 22, 2005.

Attorney(s) appearing for the Case

Barry D. Glickman (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

Loren J. Comstock (argued), Indianapolis, IN, for Defendant-Appellant.

Before CUDAHY, EASTERBROOK, and KANNE, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 22, 2005.

KANNE, Circuit Judge.

Curtis Graves was arrested and charged with two counts of possession with intent to distribute 50 or more grams of crack cocaine. On appeal he argues that his conviction should be overturned and that he was improperly sentenced as a career criminal under the sentencing guidelines. For the reasons stated herein, we affirm his conviction but vacate his sentence and remand for resentencing...

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