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U.S. v. THURMON

No. 04-2553.

413 F.3d 752 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus Malcom THURMON, also known as Freak, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 6, 2005.

Rehearing Denied August 11, 2005.

Attorney(s) appearing for the Case

Stephen A. Swift, Cedar Rapids, IA, appellant.

Stephanie M. Rose, Asst. U.S. Atty., Cedar Rapids, IA, for appellee.

Before BYE, HANSEN, and GRUENDER, Circuit Judges.

BYE, Circuit Judge.

Marcus Thurmon was convicted of distributing 27.41 grams of a detectable amount of cocaine base after a prior drug felony conviction, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 851. The district court1 sentenced Thurmon to 30 years' imprisonment under the career offender provision of the United States Sentencing Guidelines. U.S.S.G. § 4B1.1. Thurmon...

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